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Home My WebLink About04 DISCRETION APP FEES 05-02-94-%- NO. 4 AGENDA -' ........ 5-2-94 ATE: TO: FROM: SUBJECT: MAY 2, 1994 WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT REDUCED DISCRETIONARY APPLICATION FEES Inter-Com RECOMMENDATION It is recommended that the City Council adopt Resolution No. 94-42 modifying certain service charges and planning fees. FISCAL IMPACT Minor reduction in general fund revenues from development application fees may be expected. The actual reduction will be difficult to determine this late in the fiscal year but will be more accurately evaluated as part of the 1994-95.Budget preparation process. BACKGROUND On March 21, 1994 the City Council adopted Resolution No. 94-29 modifying certain Planning fees. The intent was to provide a number of new fee categories that would result 'in fee savings and fee reductions for certain selected types of Planning applications commensurate with the cost of providing service. The California Government Code authorizes such fees provided the fee amounts do not' exceed the cost of providing the service. The revised Planning Fee Schedule included three new subcategories of applications; Minor Conditional Use Permits (Existing Development), Amendment to Conditions of Approval and Time Extensions. The Amendment to Conditions of Approval and Time Extension new fee subcategories as referenced in the March 21, 1994 Council report were intended to apply to Conditional Use Permits, Subdivisions, Variances, Design Reviews and Zoning Administrator planning applications. Unfortunately, due to a typographical error in Exhibit A of Resolution 94-29, Amendments to Conditions of Approval under the Subdivision and Zoning Administrator category and Time Extensions under the Variance Category did not get recorded. Resolution No. 94-42 with the Revised Services Charge and Planning Fee Schedule (Exhibit A) represents the corrected fee categories. Corrections to the schedule are shaded. City Council Report Reduced Discretionary Application Fees May 2, 1994 Page 2 A copy of the March 21, 1994, Council report which provides background information, fee reduction justification criteria, payments and evaluation of fee savings, is attached as Exhibit C. Assistant Director Community Development RW: kbc\ f ee#~ Christine Assistant City Manager Attachments: Resolution No. 94-42 City Council Report - March 21, 1994 1 RESOLUTION NO. 94-42 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING A REVISED SCHEDULE FOR PLANNING FEES AND SERVICE CHARGES WITHIN THE PLANNING DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. The Planning Division of the Community Development Department is responsible for processing certain development and planning applications and providing certain services which result in the Department incurring certain processing, administrative and production costs. B, California Government Code allows the City to charge applicants reasonable fees not to exceed the amount reasonably necessary to provide the service required for processing of certain development and planning applications. C. Modifications to current Community Development Department - Planning Division service charges and planning fees are needed to correct typographical errors and omissions in the previously approved Planning Division Fees adopted by City Council Resolution No. 94-29. II. The City Council hereby establishes a revised fee schedule for Community Development Department service charges and planning application fees in the Planning Division, as shown in the attached Exhibit A, incorporated herein by reference. Said fee schedule shall supercede previously established Planning Division fees adopted by City Council Resolution 94-29 (Exhibit B) and shall be applied uniformly except where, in the discretion of the City Manager, reduced fees are justified by special circumstances. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 2nd day of May, 1994. Mayor MARY E. WYNN City Clerk EXHIBIT A REVISED SERVICE CHARGES & PLANNING FEES EXHIBIT A COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION REVISED FEE SCHEDULE AND SERVICE CHARGES RESOLUTION NO. 94-42 Adopted on May 2, 1994 TYPE OF CHARGE FEE SCHEDULE FOR PLANNING DIVISION FEES OR SERVICE CHARGE(l) Appeals 1/2 Original Fee CC&R Review (1 check and 1 recheck)- Subsequent Reviews-City Attorney ......... Planning Staff $190 $150/hr $50/hr Certificate of Compliance $95 ' Code Amendment $950 Conditional Use Permits and Amendments ABC License Major Minor (new development) Minor (existing development) Amendment to Conditions of Approval Time Extensions $255 $1,270 $665 $350 $350 $250 Design Reviews and Amendments Major New Major Remodel Minor New Minor Remodel Sign Amendment to Conditions of Approval Time Extensions $985 $635 $510 $350 $65 $350 $250 Development Agreements $2,ooo (2) Extraordinary Research (minimum 2 hours) $50/hr Environmental EIR Major EIR Minor Initial Study Negative Declaration Notice of Completion Notice of Determination Notice of Exemption $4,000 (2) $2,500 (2) $95 $125 $50 $25 $25 Exhibit A Resolution No. Pa~e 2 94 -42 General Plan Amendments Land Use Map Major Text Amendment Minor Text Amendment $985 $2,000 (2) '$750 Lot Line Adjustment $255 Lot Merger _ Miscellaneous Documents (3) $190 $190 Temporary Use Permit (TUP) Time extension on TUP's $95 $5O Subdivisions and Amendments Reversion to Acreage Tentative Tract Map (ET Project) Tentative Tract Map (ET Sector) Tentative Tract Map Tentative Parcel Map Final Tract Map Final Parcel Map Vesting Map Map Fee + $65 $2,730 $5,715 $1,205 $1,205 $1,335 $1,110 Base Map + $65 Time Extension $250 Use Interpretations $125 Variances and Amendments Major $665 Minor $380 Amendments to Conditions of Approval $350 ..:.:.:...:...: ............................................................................. :. :. :. :. :. :. :. :. :. :.: .:. :. :. :. :. :. :. :. :.:. :. :. :. :. :. :. :. :. :. :. :. :.:. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. Zone Change $950 Zoning Administrator Action Administrative Adjustment/ Minor Adjustments $95 Soil Remediation $95 Minor Conditional Use Permits (existing development) (5) Time Extensions (6) :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::: :::::::::: :::::::..:::..::::::::::: ::::::::::::::::::::: :i:i:!:i:: :i:!:i:i:i:!:i:!:!:!:!:i:i:i:!:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i::...i:::i,..i · Design Review (RDA) (8) Exhibit A Resolution No. Pa~e 3 94 -42 Written Zoning confirmation or non-conforming status letter $50 Foomotes (2) (3) (4) Includes cursory review of applications by building staff. Minimum deposit for city staff and city attorney's office review. Review by city staff to be reimbursed at a rate of $50/hour and review by city attorney's office at a rate of $150/hour. Examples: Parking Agreements, Access Agreements, Deed, Restrictions. An additional $25 filing fee-is required by...~e County-Clerk when the City files---the Notice of- Determination.--~ applicant will be required to provide the City with a cashiers check for $25, payable to the ORANGE COUNTY CLERK within 48 hours fo project approval. Substantial additional fees may be required by the County Clerk when the City files the Notice of Determination, in accordance with AB 3158 as established by the Department of Fish and Game. If additional fees are required, the applicant will be required to provide the City with a cashiers check for the additional fees, payable to the ORANGE COUNTY CLERK within 48 hours of project approval. (5) See fee for Minor CUP (existing development) (6) See fee for Time Extensions (CU:.P,:, Design Review, ~~i and su~,:d:.ivision) (8) See fees for Design Reviews see shaded areas for amendments Resolution No. 94-42 supercedes Exhibit A of City Council Resolution No. 94-29 EXHIBIT B 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 94-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF TUSTIN, CALIFORNIA, ESTABLISHING A REVISED SCHEDULE FOR PLANNING FEES AND SERVICE CHARGES WITHIN THE PLANNING DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. The Planning Division of the Community Development Department is responsible for processing certain development and planning applications and providing certain services which result in the Department incurring certain processing, administrative and production costs. B. California Government Code allows the City to charge applicants reasonable fees not to exceed the amount reasonably necessary to provide the service required for processing of certain development and planning applications. Co Modifications to current Community Development Department - Planning Division service charges and planning fees are now needed for the following reasons: . There are certain discretionary ,planning applications which will be typically routine and represent little if any land use or compatibility conflicts and are less costly to process. -2. To recognize the actual costs incurred for certain planning applications, the City is creating a number of new application types which will result in overall reduced fees to certain applicants. . Cost of providing service for certain new application types will be borne by the individual receiving benefit from the service. The City Council hereby establishes a revised fee schedule for Community Development Department service charges and planning application fees in the Planning Division, as shown in the attached Exhibit A, incorporated herein by reference. Said fee schedule shall supercede previously established Planning Division fees adopted by City Council Resolution 92-103 (Exhibit C-l) and shall be applied uniformly except where, in the discretion of the City Manager, reduced fees are justified by special circumstances. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 21 st day of March, 1994. Mayor~/ MARY E~.~.~ City Clerk EXHIBIT A COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION REVISED FEE SCHEDULE AND SERVICE CHARGES RESOLUTION NO. 94-29 Adopted on March 21, 1994 TYPE OF CHARGE Appeals CC&R Review (1 check and 1 recheck)- Subsequent Reviews-City Attorney Planning Staff FEE SCHEDULE FOR PLANNING DIVISION FEES OR SERVICE CHARGE(I) 1/2 Original Fee $190 $150/hr $50/hr Certificate of Compliance $95 Code Amendment Conditional Use Permits and Amendments $950 ABC License $255 Major $1,270 Minor ~iii~~! $665 Design Reviews and Amendments Major New $985 Major Remodel $635 Minor New $510 Minor Remodel $350 Sign $65 Development Agreements $2,000 (2) Extraordinary Research (minimum 2 hours) $50/hr Environmental EIR Major EIR Minor Initial Study Negative Declaration Notice of Completion Notice of Determination Notice of Exemption $4,000 (2) $2,500 (2) $95 $125 $50 $25 $25 Exhibit A Resolution No. Page 2 94 -29 General Plan Amendments Land Use Map Major Text Amendment Minor Text Amendment $985 $2,000 (2) $750 Lot Line Adjustment $255 Lot Merger $190 Miscellaneous Documents (3) $190 Temporary Use Permit (TUP) Time extension on TUP's $95 $5O Subdivisions and Amendments Reversion to Acreage Tentative Tract Map (ET Project) Tentative Tract Map (ET Sector') Tentative Tract Map Tentative Parcel Map Final Tract Map. Final Parcel Map Vesting Map Map Fee + $65 $2,730 $5,715 $1,205 $1,205 $1,335 $1,110 Base Map + $65 Use Interpretations $125 Variances and Amendments Major $665 Minor $380 .:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: :.:.:.:.:.:.:.: :.:.:.:.:.:.: :.:.:.:.:.:...v.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: :.:.:.:.:.:.:.:.:.:.:...: :::,:::.:,:.:-::::: ::::5::: ::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Zone Change $950 Zoning Administrator Action Written Administrative Adjustment/ Zoning confirmation or non-conforming status letter $50 Exhibit A Resolution No. Pa~e 3 94 -29 Footnotes (1) (2) (3) (4) Includes cursory review of applications by building staff. Minimum deposit for city staff and city attorney's office review. Review by city staff to be reimbursed at a rate of $50/hour and review by city attorney's office at a rate of $150/hour. Examples: Parking Agreements, Access Agreements, Deed, Restrictions. An additional $25 filing fee is required by the County Clerk when the City files the Notice of Determination. The applicant will be required to provide the City with a cashiers check for $25, payable to the ORANGE COUNTY CLERK within 48 hours fo project approval. Substantial additional fees may be required by the County Clerk when the City files the Notice of Determination, in accordance with AB 3158 as established by the Department ofFish and Game. If additional fees are required, the applicant will be required to provide the City with a cashiers check for the additional fees, payable to the ORANGE COUNTY CLERK within 48 hours of project approval. (5) (6) (7) See fee for Minor CUP (existing development) See fee for Time Extensions (CUP, Design Review and Subdivision) See fees for Design Reviews see shaded areas for amendments Resolution No. 94-29 supercedes Exhibit C-1 of City Council Resolution No. 92-103 City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF TUSTIN ) RESOLUTION NO. 94-29 Mary E. Wynn, 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 is five; that the above and foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 21st day of March, 1994, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Potts, Saltarelli, Pontious, Puckett, Thomas None None None .4ary E. ~ynn,-Cit~Clerk NO. 1 3-21-94 'TE: TO: FROM: SUBJECT: MARCH 21, 1994 WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT REDUCED DISCRETIONARY APPLICATION FEES Inter-Corn RECOMMENDATION It is recommended that the City Council adopt Resolution No. 94-29 modifying certain service charges and planning fees. FISCAL IMPACT Fees are being modified to provide a number of new fee categories which will result in fee savings for certain selected typeS of Planning applications commensurate with the cost of providing service. The California Government Code authorizes such fees provided the fee amounts~do not exceed the cost of providing the service. It can be expected that there will be a minor reduction in general fund revenues from development application fees. The actual reduction will be difficult to determine this late in the fiscal year but will be more accurately evaluated as part of the 1994-95 Budget preparation process. BACKGROUND On March 7, 1994, the Community Development Department presented a recommendation to the City Council recommending a number of new planning fee categories which would have the result of reducing certain selected planning application fees. A copy of the March 7, 1994, Council report which provides background information, fee reduction justification criteria, payments and evaluation of fee savings, is attached. Assistant Director Community Development Christine Shingle~/on Assistant City Manager RW: br: f eereduc, ccr Attachments: Resolution No. 94-29 City Council Report - March 7, 1994 EXHIBIT C 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 94-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN. CALIFORNIA, ESTABLISHING _A REVISED SCHEDULE FOR PLANNLNG FEES AND SERVICE CHARGES WITHIN THE PLANNING DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT. The City Council of the City of Tustin does hereby resolve as followS: The City Council finds and determines as follows: A. The Planning Division of the Community Development Department is responsible for processing certain development and planning applications and providing certain services which result in the Department incurring certain processing, administrative and production costs. B. California Government Code allows the City to charge applicants reasonable fees not to exceed the amount reasonably necess~ to provide the service required for processing of certain development and planning applications. C. Modifications to current Community Development Department - Planning Division service charges and planning fees are now needed for the following reasons: 1. There are certain discretionary planning applications which will be typicall); routine and represent little if any land use or compatibility conflicts and are less costly to process. 2. To recognize the actual costs incurred for certain planning applications, the City is creating a number of new application types which will result in overall reduced fees to certain applicants. . Cost of providing service for certain new application 'types will be borne by the individual receiving benefit from the service. The City 'Council hereby establishes a revised fee schedule for Community Development Department service charges and planning application fees in the Planning Division, as shown in the attached Exhibit A, incorporated herein by reference. Said fee schedule shall supercede previously established Planning Division fees adopted by City Council Resolution 92-103 '(Exhibit C-l) and shall be applied uniformly except where, in the discretion--of the City Manager, reduced fees are justified by special circumstances. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 21 st day of March, 1994. JIM POTTS Mayor MARY E. WYNN City Clerk EXHIBIT A REVISED SERVICE CHARGES & PLANNING FEES EXHIBIT A COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION REVISED FEE SCHEDULE AND SERVICE CHARGES RESOLUTION NO. 94-29 Adopted on March 21, 1994 TYPE OF CHARGE FEE SCHEDULE FOR PLANNING DIVISION FEES OR SERVICE CHARGE(I) Appeals 1/2 Original Fee CC&R Review (1 check and 1 recheck)- Subsequent. ?~ views-City Attorney Planning s'~aff $1~) $150.~u' $50 hr Certificate of Compliance $95 Code Amendment $950 Conditional Use Permits and Amendments ABC License $255 Major $1270 Minor ~iii~~~$").'ii $6_~. Design Reviews and Amendments Major New $95.~ Major Remodel $635 Minor New $510 Minor Remodel Sign $65 .~.:.:.~.~.:.:.~.:.:.:.:.~.:.:.~.:.:.:.~.:.~.:~:.:.:.~.:...:~:.~.:.:~:.:.~.~.:.:.~.:.:.:. .:-:.:.: .......... Development Agreements s2.c~o (2) Extraordin .m'y Research (minimum 2 hours) Environmental EIR Major EIR Minor Initial Study Negative Declaration Notice of Completion Notice of Determination Notice of Exemption s4.000 (2) s2500 (2) $95 S125 $25 Exhibi- A Reso!u-ion No. Page 2 94 -29 General Ph_~ Amendments Lsd Use Map M2ior Tex"t Amendment Mhor Text Amendment $985 $2,000 (2) $750 Lot Line Adjustment $255 Lot Merger $190 Miscellaneo'~ Documents (3) $190 Temporar}' Use Permit (TUP) Time ex:ension on TUP's $95 $5O Subdivisions and Amendments Reversio.-_, to Acreage Tentative Tract Map (ET Project) Tentative Tract Map (ET Sector) Tentative Tract Map Tentative Parcel Map Fin?.l Tra~ Map. Final Parcel Map V~-fing Map Map Fee + $65 $2,730 $5,715 $1,205 $1,205 $1,335 $1,110 Base Map + $65 Use Interpretations $125 Variances and Amendments Major $665 Minor $380 Zone Change $950 Zoning Administrator Action Adminismative Adjustment/ Written Zoning confirmation or non-conforming status letter "$50 Exhibit A Resolution No. Page 3 94 -29 Footnotes (l) (2) (3) (4) Includes cursory review of applications by building staff. Minimum deposit for city staff and city attorney's office review. Review by city staff to be reimbursed at a rate of $50/hour and review by city attorney's office at a rate of $150/hour. Examples: Parking Agreements, Access Agreements, Deed, Restrictions. An additional $25 filing fee is required by the County Clerk when the City files the Notice of Determination. The applicant will be required to provide the City with a cashiers check for $25, payable to the ORANGE COUNTY CLERK within 48 hours fo project approval. Substantial additional fees may be required by the County Clerk when the City files the Notice of Determination, in accordance with AB 3158 as established by the Department of Fish and Game. If additional fees are required, the applicant · will be required to provide the City with a cashiers check for the additional fees, payable to the ORANGE COUN'I~ CLERK within 48 hours of project approval. (5) (6) (7) See fee for Minor CUP (existing development) See fee for Time Extensions (CUP, Design Review and Subdivision) See fees for Design Reviews see shaded areas for amendments Resolution No. 94-29 supereedes Exhibit C-1 of City Council Resolution No. 92-103 CITY COUNCIL REPORT MARCH 7, 1994 3-7-94 ,- %TE: i~JtRCH 7, 1994 Inter-Com TO: FROM: SUBJECT: WILLIAM A. IIUSTON, CITY MANAGER COMMIYNITY DEVELOPMENT DEPARTMENT REDUCED DISCRETIONARY APPLICATION FEES RECOMMENDATION It is recommended that the City Council review ~he attached fee analysis and provide direction to staff on the reduction of certain planning fees. BACKGROUND During the' past few months the city Manager and Community Development Department have been requested to provide reduced application fees for a number of minor development projects. The Mayor has also requested that Community Developmenz Department take a close look at the feasibility of reducing application fees for certain projects. The type of projects where reduced fees would apply would be those projects that are typically routine where less staff time is required and where there are no real land use or compatibilit~ issues. Our present fee structure recognizes such projects as "major" and "minor" conditional use permits, design reviews (new and remodels) and variances. The Director. of Community Development has tke authority to determine the appropriate fee category which should be applied to a particular project for purposes of establishin~ the appropriate application fees. Examples of the types of projects which would be included within each of the fee categories is shcwn as Attachment I. The Director also has the authority to determine the applicable fee category for projects not covered by the examples show~ in Attachment I or as may be appropriate based upcn the scope of a project~ Our application fee schedule reflects reasonable ~nd equitable cost recovery for services provided. A primary ccnsideration when establishing a fee is its relationship to the cost of providing the service. Within the various city departments different criteria is used to evaluate the level of cost to be recovered from fees and charges. For example, services that benefit the entire community such as street maintenance and police protection are for the public in general and are provided without any direct fees or charges. Services which benefit only the individual property owner or City Council Report Reduced Discretionary Application Fees March 7, 1994 Page 2 business are generally associated with land development projects and permits. These applications make up the major part of the Current Planning workload and fees are' se5 so as to recover the full cost of the service being provided. Reviewing the number of requests for fee reductions or fee waivers recently, it appears that the majority of %hese requests are for conditional use permits for uses which do not require an increase in floor area or a change in occupancy or primary use. In addition, our current fee schedule also does not provide a fee for amendments to CUP's, Design Reviews, Subdivisions and Variances. Presently whenever an applicant requests an amendment they must pay 'the full original application fee. In addition, an applicant .requesting a time extension must also currently pay a full application fee. It is recommended that we amend our fee schedule to include a subcategory under Minor Conditiona2 Use Permits (CUP's) titled: Minor CUP's (Existing Development). For an application to qualify under this new subcategory there would be no change of-occupancy or primary use; there would be no expansion of floor area; and the request would not alter the original intent of the project or site. An example 6f the type of projec5 that would fall into the Minor CUP (Existing Develo;ment) category is the recent CUP application for 99¢ World where the store operator wished to add packaged food items for sale. In order to accommodate the food items the operator needed to add one additional display rack, probably accounting for less than 5% of the total merchandise, area. It is recommended that the fees fcr these type of minor applications for existing development be set at $350 based on the processing steps "and estimated staff time shown in Attachment III. · It is recommended that we include a subcategory under CUP, Design Review, Subdivision and Variance actions titled Amendment to Conditions of Approval. ?he types of cases that would apply under this subcategory would be requests for such things as changes to: exterior materials, colors, elevations, hours of operation or any request for an amendment to Conditions of Approval determined by tke Community Development City Council Report Reduced Discretionary ApPlication Fees March 7, 1994 Page 3 Director to be minor in nature and which does not alter the original intent of the project or site. Recent examples of an Amendment to Conditions of Approval included the following applications: a ~ Dr. Stanford's request to eliminate landscaping, block walls and parking lot curbing that were conditions of a previous CUP. b . California Pacific's request to eliminate the condition on a tentative tract approval requiring a signal override for the Fire Department on certain local traffic signals. · It is recommended that the fee be set at $350 for Amendments to Conditions of Approval based on primary steps and estimated staff time. It is recommended that we add a subcategory under CUPs, Variances, Sign Reviews and Subdivisions titled Time Extensions. Recommended fees for Time Extensions would be $250 based on the processing steps and estimated staff time shown in Attachment III. The proposed changes recommended above would not necessitate any code amendments since the zoning code does not reference exact fee amounts nor does it make distinctions between minor/major discretionary actions, or the process for amendments to conditions of approval or time extensions. Amendments to the criteria for defining Planning fees are also attached as Attachment II. On February 28, 1994, the Planning Commission reviewed a Draft Ordinance amending City Code Section 9299 related to the Office of the Zoning Administrator. The Draft OrdinanCe establishes the types of Minor Adjustments, Conditional Use Permits and Specified Development applications that would be considered by the Zoning Administrator. As part of the analysis for the preparation of the Draft Ordinance, staff evaluated the time and fee savings that would result from using the Zoning Administrator powers for the recommended applications. The use of a Zoning Administrator could reduce the applicant's application fees between 47 and 85 percent City Council Report Reduced Discretionary Application Fees March 7, 1994 Page 4 depending on the application type. Minor Adjustments which are currently categorized as Minor Variances outside of East Tustin and Pacific Center East would have fees reduced from $350 to $95 and Soil Remediation which currently requires a minor CUP with a $665 application fee would be reduced to $95. The cost savings would result due to time saved in staff report preparation and noticing. While amendments to the Zoning Code related tc the Zoning Administrator's role will not come before the Cit-.- Council for - another 30-45 days, staff believes that amendments 5o the City's fees could be made at this time. In order to arrive at the recommended reduced fees 5he Community Development Department examined the actual tasks an~ anticipated staff time required to process a discretionary application. Fees are based on the direct labor costs and overhead anticipated to be incurred during the review and processing stages of a project. The labor costs utilized for this analysis are $50 per hour and are based on the cost to provide services. As a secon~ step in the analysis, Staff estimated the actual average number of productive hours that would be spent on each specific task (Attachment III). As noted in Attachment III, hours were then multip!Sed by hourly rates and City overhead costs to determine the justsfied cost of review and processing of each project type. As with any property or business owners request to waiver or reduce fees, the City Manager's office would continue tD retain the ability for unique circumstances to waive or reduce fees where he feels necessary. coNCLusioN If the City Council concurs with the reduction in fees as recommended, staff will prepare the appropriate ncsicing for a public hearing and a Council resolution to mcdify certain identified Planning. Once the legal noticing is completed city staff will bring the matter back to the City Council for their action. Assistant Director Community Development Department RW: kbc\ red fee. mem Christine A/~ Shir.~leton Assistant ~ty Ma_~ager ATTACHMENT I Criteria for Determining Existing Planning Fees ATTACHMENT I CRITERIA FOR DETERMINING EXISTING PLANNING FEES CONDITICNAL USE PERMITS MAJOR C"CP: New uses in combination with new construction or existing development in excess of 5,000 square feet of floor area, new auto se_~vices or repair related uses, and new apartment or condominium projects in excess of 3 dwelling units, condominium conversions. MINOR CLX: New uses in combination with new construction or existing development with 5,000 square feet or less of floor area, new uses within existing structures, expanded or modified existing uses, signs, new apartment or condominium project with 3 dwelling units or less, second single family dwellings. DESIGN F~EVI EW MAJOR NEW: MINOR Ni~&: MAJOR R__rMODEL: MINOR RS~MODEL: New development in excess of 5,000 square feet of floor area or building relocations. New development with less than 5,000 square feet of floor area. Modifications to existing structures or site which include an increase in existing floor area in excess of 50%, and/or existing facade or site modifications which constitute a change in 3 or more major design elements on a building elevation or site which result in a complete facade upgrade. Definition of an element include windows, doors, cclors, materials, parking lot changes, esc. Modifications to existing structures which include an increase in existing floor area of 50% or less, and/or existing facade or site modifications which constitute a change in 3 or less major design elements which do not result in a complete facade upgrade, single family homes not part of a subdivision, residential room additions, and new or modified accessory structures associated with existing development. . VARIA/qCES MAJOR VA_RIAI~CE :. MINOR VA_RIANCE: New development that deviates from a specific development.st.andard, all existing developmen~ which deviates from a standard by more tkzn 10%. Existing development that deviates from a specific development standard by less than 10%, new single family homes not part of a subdivision, or projects where the site wi2i contain less than 3 new apartments or new condominiums. PLEASE NOTE: Where there is a question as to what category project should be classified, the Director reserves the right determine the applicable category a project should fall within. ATTACHMENT II Amendment to Criteria for Determining Planning Fees ATTACH/4ENT II AMENDMENT TO CRITERIA FOR DETERMINING PLANNING FEES CONDITIONAL USE PERMITS MAJOR CUP: New uses in combination with new construction or existing development in excess of 5,000 square feet of floor area, new auto services or repair related uses, and new apartment or condominium projects in excess of 3 dwelling units, c~ndominium conversions. MINOR CUP: New uses in combination with new construction or exis~±ng development with 5,000 square feet or less of floor area, new uses within existing structures, expanded or modified existing uses, signs, new apartment or condcmin!um project with 3 dwelling units or less, serond single, family dwellings. DESIGN REVIEW MAJOR NEW: New development in excess of 5,000 square feet of floor area or building relocations. MINOR NEW: New development with less than 5,000 square feet of floor area. MAJOR REMODEL: Modifica5ions to existing structures or site which include an increase in existing floor area in excess of 50%, and/or existing facade or site modifications which constitute a change in 3 or more major design elements on a buildinc elevation or site which result in a -- complete facade upgrade. Definition of an element include windows, doors, colors, materials, parking lot changes, etc. MINOR REMCDEL: Modifications to existing structures which include an increase in existing floor area of 50% or less, and/or existing facade or site modifications which constitute a change in 3 or less major design elements which do not result in a complete facade upgrade, single family homes not part of a subdivision, residential room additions, and new or modified accessory structures associated with existing development. VARIANCES MAjoR VARIANCE: New development that deviates from a specific development standard, all existing development which deviates from a standard by more than 10%. MINOR VARIANCE: Existing development that deviates from a specific development standard by less than 10%, new single family homes not part of a subdivision, or projects where the site will contain less than 3 new apartments or new condominiums. SUBDIVISION PLEASE NOTE: Where there is a question as to what category a project should be classified, the Director reserves the right to determine the applicable category a project should fall within. ATTACHMENT HI Review Fee Analysis ATTACHMENT III Review Fee Analysis The following matrices have been developed based upon an analysis of the identified specific tasks required during the review, evaluation and approval process for certain minor types of discretionary projects: Minor Conditional Use Permits (Existing Development) Task Man Hours Tasks Preliminary Review Accepting Application Creating Project File Review for Completeness Interdepartmental Reviewing/Routing Meetings/Phone calls with applicant Report Preparation Typing Noticing Hearing Post Hearing Inspection- .75 .25 .25 .25 .25 .5 3.0 1.0 .25 .25 .25 .25 Cost per Man-hour* Total Man-Hours $50.00 7.25 Total Estimate of Direct Labor Costs.. .-. Recommended Minor CUP (Existing Development) Fee $362.50 $350.o0 T~ne Extensions (Conditional Use Permits & Variances) Task Man Hours Tasks Accept Application/Review for Completeness Meetings/Phone calls with applicant Report Preparation Typing Noticing Hearing Post Hearing 1.0 .5 2.0 .75 .25 .25 .25 Cost per Man-hour~ Total Man Hours $50.00 5.0 Total Estimate of Direct Labor Costs Recommended Time Extension (CUP & Variance) Fee $250.00 $250.00 Amendment to Conditions of Approval Task Man Hours Tasks Preliminary Review Accepting Application Creating Project File Review for Completeness Interdepartmental Reviewing/Routing Meetings/Phone calls with applicant Report Preparation Typing Noticing Hearing Post Hearing .75 .25 .25 .25 .25 .5 3.0 1.0 .25 .25 .25 Cost per Man-hour* Total Man-Hours $50.00 7.0 Total Estimate of Direct Labor Costs Recommended Amendment to Conditions of Approval Fee $350.00 $350.00 ~ourly rate of $50.00 is based on cost to provide service and include Professional and Clerical salaries, benefits, supplies and administrative overhead divided by total staff hours per year. ATTACHMENT IV Service Charges and Planning Fees COM1W '~TY DEVELOPMENT DEPART'-~NT SEK gE CHARGES & PLANNING F, EFFECTIVE _, 1994 RF~OLUTION NO. 94- As Amended by Resolution 94-29, Exhibit A on , 1994' TYPE OF CHARGE Appeals CC&R Review (I check and I recheck)- Subsequent Reviews-CiD' Attorney Planning. Staff Ceaificate of Compliance Code Amendment FEE OR SERVICE CHARGE(II 1/2 Original Fee $190 $150/hr $50/hr $95 $95O Conditional Use Permits and Amendmeats ABC License $255 Major $1,270 $665 Minor r~ ~~L ' ~ .. ~-:~ ;fi.'.:.i~:'~."?~s--i.".'~:':':.:~;-~:~:':.:-::':'~:::'~:'-'- Design Reviews and Amendments Major New $985 $635 Major. Remodel $510 Minor New $350 Minor Remodel $'65 :::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::: ::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :: : ::::::::::::::::::::::: ::: :: :::::::::::::: . · ,..~:~..-:.:,..:..,.....:..~.....:::.:..., ................ ======================================================================================================= Development Agreements $2,000 (2) Extraordinary Research (minimum 2 hour) $50/hr Environmental EIR Major EIR Minor Initial Study Negative Declaration Notice of Completion Notice of Determination Notice of Exemption s4,ooo (2) $2,500 (2) $95 $125 $5O $25 $25 Genera[ Plan Amendments Land Use Map Major Text Amendment Minor Text Amendment $985 $2,000 (2) $750 Lot Line Adjustment $255 Lot Merger $190 Miscellaneous Documents (3) $190 Temporary Use Permit (TUP) Time extension on TUP's $95 $5O Subdivisions mid Amendments Reversion to Acreage Tentative Tract Map (ET Project) Tentative Tract Map (ET Sector) Tentative Tract Map Tentative Parcel Map Final Tract Map Final Parcel Map Map Fee + $65 $2,730 $5,715 $1,205 $13205 $1,335 $1,110 Vesting Map Base Map + $65 ' ~~i~~i~~i~~'':'~''~'~'~:'''~':*: ..: ..... .?.....: :.:~.~.-..,.:: ..::-.:.-.:,:::o:.-.~.~.$.::.~.:~.~.?.:i~..?..'.:..x:.,~..~ .:~: .. .. ~ Use Interpretations $125 Variances and Amendments Major ' $665 Minor $380 z~-~....,,~..,,, . ..~..:~--;:::::r.~:::~ ?-:-:.'::' ",:":-'"':%'::'"' . i::" ':?'"'.':':' ....... ~ ..... !!::,.::'--~':~.:'"'~:.::::;~,i.:.'~-~.~::x~: :.--~:'~:::.-.,.~:~:'.:::::~:~"~. '" Zone Change $95O Zoning Administrator Action Administrative Adjustment/ · :."~--~. ::~':~ ........ ~':~ $95 ~!i~...~ ......... ~ .n ~ :':':".':':': ...~:~.~.:~.:<~.:.:.:~:.:~:.:~:.:~:.:.......:...-:.:~:...~:.:.:~f.:-::..-.>:..:~.~:-~..::~ ' · :"i?:~:::5"'¥~¥"?:.5~::.:'-:i:::~--:~::'"~:::~:':~i~:?..:i.::. :~,~:!,5.':'. !.':~.q:~!:::~:: ::. ~::~i~i ................................................. ::::::::::::::::::::::::::::::::::::: .~::~: ...::.:::.::i:~:~:i~!::.~::.:...:.`.!?:.%~.~::.:~::;:g:::::~::::::::;.:i:!:.~:.....::::.:::~:?.....:::::::::.:.:. ....:::!::..:.:.:.:.:.~;.:.:...~..:.:.:.:~:i::...::.:.:.:.:.:.:.:.:.:.:.:.:.:..~:~.`<....·' ::~.~!~:~:~:~:~:~:'..:: :..:' Written Zoning confirmation or non-conforming status letter $50 Footnotes (l) (2) (3) (n) Includes cursory review of applications by building staff. Minimum deposit for city s-taft and ciD' attorney's office review. Review by city staff to be reimbursed at a rate of $50/hour and review by city attorney's office at a rate of $150/hour. Examples: Parking Agreements, Access Agreements, Deed, Restrictions. An additional $25 filing fee is required by the County Clerk when the City files the Notice of Determination. The applicant will be required to provide' the City with a cashiers check for $25, payable COMI~~ qTY DEVELOPMENT DEPART' SEIt CE CHARGES & PLANNING EFFECTIVE _, 1994 RESOLUTION NO. 94- As Amended by Resolution 94-29, Exhibit on , 1994' TYPE OF CHARGE Appeals CC&R Review (1 check and I recheck)- Subsequent Reviews-City Attorney Planning. Staff Certificate of Coinpliance Code Amendment FEE OR SERVICE CHARGE(l)_ i/2 Original Fee $190 $ i 50/hr $50/hr $95 $950 Conditional Use Permits and Amendmlmts ABC License $255 Major $1,270 $665 ~ .':'.'~':-.....% ' ~;.~ .... .......................................... ~:."5.~~::"' Design Reviews and Amendments Major New $985 Major Remodel $635 · $510 Minor New $350 Minor Remodel $65 Sign .,...:.,,..,.,_.,.~... .................. . ........ .... . . :.:.: ~-~:::::~....-.....~ ................ :..;::::..:::: .......... ~ ............... ~-.~ ~meat~ ~r~[..t~-:-~5~[tton~i-~ .............. .-.:~.:.-.::~ ............... ::::::::::::: ............................ :.-::.:.,. ................. v~v~..~:~ve~v~:~:~:~>>5::~:.:~:~:~:::::~:~:~:~:~:~:::::~:~::::$:::~:::~:::;..~..:::.:~:~~:.-.~.~:::::::..:::-.:::~::~5:::::::-;~:~:~:::::::::::::::::..~:5::::::.~:::::~:~:~:~ Development Agreements $2,000 (2) Extraordinary Research (minimum 2 hours) $50/lxr Environmental EIR Major EIR Minor Initial Study Negative Declaration Notice of Completion Notice of Determination Notice of Exemption ,4,ooo (2) $2,500 (2) $95 $125 $50 $25 $25 General Plan Amendments Land Use Map Major Text Amendment Minor Text Amendment $985 $2,000 (2) $750 Lot Line Adjustment $255 Lot Merger $190 Miscellaneous Documents (3) $190 Temporary Use Permit (TUP) Time extension on TUP's $95 $50 Subdivisions m~d Amendments .* Reversion to Acreage Tentative Tract Map (ET Pro. ie~) Tentative Tract Map (ET Secxc¢) Tentative Tract Map Tentative Parcel Map Final Tract Map Final Parcel Map Map Fee + $65 $2,730 $5,715 $1,205 $1,205 $1,335 $1,110 Vesting Map . Base Map + $65 Use Interpretations $125 Variances and Amendments .~ - Major' $665 Minor $380 .............. .,:..~.:..~...,,:.:.::~...:.:..:.: :.:..::.-.. ,--,:.-.?.-....-.<< ........ :-.-.-..-.~.,-.-.-<.-.-..~ ::..-:~...~&,...'.-::!:~x&:.. t.-,'-~?..-~:' : '" Zone Change $950 Zoning Administrator Action Administrative Adjustment/ ~:::~:~:::~==========================================================::::::..:::::~:....::.~.::.; :..-.::,. ==============================:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: · .: Written Zoning confirmation or non-conforming status letter $50 Footnotes (1) (2) (3) (4) Includes cursory review of a,.~licatiom by building staff. Minimum deposit for city st~.ff and ci~' attorney's office review. Review by city staff to be reimbursed at a rate of $50/hour and review by city. attorney's office at a rate of $150/hour. Examples: Parking Agreem~rs, Access Agreements, Deed, Restrictions. An additional $25 filing f~ is required by the County Clerk when the City files the Notice of Determination. The applicam will be required to provid6 the City with a cashiers check for $25, payable (4) An a,:ditional $2.5 f' fee is required by thc County Clerk thc City files thc Noticc of Deten..,ination. The ~ ant will be required to provide the City v~ cashiers check for $25, payable to the ORANGE COUNTY CLERK within 48 hou,'s fo. projec~ approval. Substantial additional fees may be required by the County Clerk when the City files the Notice of Determination, in accordance with AB 3 !$8 as established by the Department of Fish and Game. If additional fees are required, the applicant will be required to provide the City with a cashiers check for the additional fees, payable to the ORANGE COUNTY CL, ERK. within 48 hours of project approval. (5) (6) (7) See fee. for Minor CUP (existing development) See fee. for Time Extensions (CUP, Design Review and Subdivision) See fees for Design Reviews see st:aded areas for amendments