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Home My WebLink About11 FEE RESO 99-53 REV. 02-17-04 AGENDA REPORT Agenda Item Reviewed: ~ City Manager Finance Director 11 MEETING DATE: FEBRUARY 17, 2004 FROM: WilLIAM A. HUSTON, CITY MANAGER ELIZABETH BINSACK, COMMUNITY DEVELOPMENT DIRECTOR TO: SUBJECT: REVISIONS TO FEE RESOLUTION NO. 99-53 SUMMARY A revised fee schedule is proposed for the Community Development Department's Planning Division to recover the cost of providing certain specified services. RECOMMENDATION That the City Council adopt Resolution No. 04-26 approving a revised Planning Division fee schedule. FISCAL IMPACT Adopting Resolution No. 04-26 would ensure that the actual cost of providing certain planning services are paid by project proponents and are not bourne by the taxpayers or subsidized by the general fund. BACKGROUND The Planning Division processes entitlements for private development such as general plan amendments, zone changes, tentative and final parcel and tract maps, conditional use permits, and design review applications, and prepares the environmental documentation associated with these entitlements. The Planning Division's current fee schedule has been in effect since 1994, with the exception of changes to fees associated with newsrack permits in 1999 (Attachment 1 - Current Fee Schedule). Fees are intended to offset the cost of planning and building staff review. However, the fee amounts for a number of services are significantly lower than the actual cost of providing those services, particularly for large scale or complex developments. Currently, the general fund is heavily subsidizing the processing of these applications. City Council Report Revisions to Fee Resolution No. 99-53 Page 2 For example, for the development project in Planning Area 20 (John Laing Homes), planning staff expended a considerable amount of time routing plans, reviewing plans, attending numerous meetings with internal staff and the developer, coordinating internal comments, and preparing public noticing material, staff reports, and resolutions of approval, and presenting the project to the Planning Commission and City Council. It is estimated that the case manager, and Associate Planner, spent at least 120 hours on the project from the time it was submitted to the public hearing before the City Council. In addition, the Senior Plan Checker reviewed the plans, attended meetings, and prepared comments and conditions of approval while the Senior Planner and Community Development Director reviewed the plans, participated in a number of meetings, provided direction, reviewed all work products, including comment letters, staff reports, and resolutions, and participated in the public hearings. Combined, their time is estimated at eighty (80) hours. While the developer paid a total of $3,075 in planning fees, the fees would have been approximately $6,918.00 if the actual cost had been charged. In surveying typical planning fees, Tustin's fees are significantly lower than fees collected for the same services in most Orange County cities (Attachment 2 - Fee Comparison). Most cities charge the actual cost of providing planning services, including the cities of Aliso Viejo, Brea, Irvine, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Newport Beach, Orange, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Seal Beach, Yorba Linda, and the County of Orange. Very few cities charge less than Tustin for equivalent services; only the cities of La Palma, Los Alamitos, and Placentia were found to have similar fee structures. With the development of Tustin Legacy, the Community Development Department will be processing large subdivisions for a number of different developers. Staff recommends a revision to the fee schedule to allow staff to recover the actual costs of processing subdivision maps, conditional use permits, design reviews, and variances for large scale residential, commercial and industrial projects (Attachment 3 - Revised Fee Schedule). An initial deposit would be required, staff would track the amount of time spent on a project, and the developer would owe at the hourly rate of each staff person. Any unused portion would be returned to the developer or additional fees would be collected, as necessary. The benefits of this type of fee structure would not only ensure that larger developments are not subsidized, but would also provide an incentive for developers to submit complete and accurate plans and reduce the overall number of times plans are resubmitted. ~jK,;¡~~/ Elizabeth Binsack Community Development Director City Council Report Revisions to Fee Resolution No. 99-53 Page 3 Attachment 1 : Attachment 2: Attachment 3: Current Fee Schedule Fee Comparison Resolution No. 04-26 A TT ACHMENT 1 Current Fee Schedule COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION REVISED FEE SCHEDULE AND SERVICE CHARGES RESOLUTION NO. 99-53 Adopted July 19, 1999 TYPE OF CHARGE Appeals CC&R Review (1 check and 1 recheck)- Subsequent Reviews-City Attomey Planning Staff Certificate of Compliance Code Amendment Conditional Use Permits and Amendments ABC License Major Minor (new development) Minor (existing development) Amendment to Conditions of Approval Time Extensions Design Reviews and Amendments Major New Major Remodel Minor New Minor Remodel Sign Amendment to Conditions of Approval Time Extensions Development Agreements Extraordinary Research (minimum 2 hours) Environmental EIR Major EIR Minor Initial Study Negative Declaration Notice of Completion Notice of Determination Notice of Exemption FEE SCHEDULE FOR PLANNING DIVISION FEES OR SERVICE CHARGE(1) Y. Original Fee $190 $150/hr $50/hr $95 $950 $255 $1,270 $665 $350 $350 $250 $985 $635 $510 $350 $65 $350 $250 $2,000 (2) $50/hr $4,000 (2) $2,500 (2) $95 $125 $50 $25 $25 . '", General Plan Amendments land Use Map Major Text Amendment Minor Text Amendment lot Line Adjustment Lot Merger Miscellaneous Documents (3) Newsrack Permit (per permit location) (4+ permit locations) Temporary Use Permit (TUP) Time extension on TUP's 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 Parce.l Map Vesting Map Amendment to Conditions of Approval Time Extension Use Interpretations Variances and Amendments Major Minor Amendments to Conditions of Approval Time Extensions Zone Change Zoning Administrator Action Administrative Adjustment! Minor Adjustments Soil Remediation Minor Conditional Use Permits (existing development) Time Extensions Amendment to Conditions of Approval Design Review (RDA) Written Zoning confirmation or Non-conforming status letter $985 $2,000 (2) $750 $255 $190 $190 $125 $500 deposit $95 $50 Map Fee + $65 $2,730 $5,715 $1,205 $1,205 $1,335 $1,110 Base Map + $65 $350 $250 $125 $665 $380 $350 $250 $950 $95 $95 (5) (6) (7) (8) $50 (1 ) (2) (3) (4) (5) (6) (7) (8) Footnotes 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 cashier's check for $25, payable to the ORANGE COUNTY CLERK within 48 hours of 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. See fee forMinor CUP (existing development) See fee for Time Extensions (CUP. Design Review, Variance and Subdivision) See fee for Amendment to Conditions of Approval (CUP, Design Review, Variance and Subdivision) See fees for Design Reviews *see shaded areas for amendments Resolution No. 99-53 supercedes Exhibit A of City Council Resolution No. 94-42 :::x.hibi'Ç A Resolution No. 94-42 Page 3 ... . l ::; '3 n CoJ e E ¡( CDf /¡ f?t1 _#{;f;" Written Zoning confirmation or DoD-conforming SLatus letter S50 ~~ Foomotes (1) (2) (3) (4) Includes cursory review of app1ícations by building staff. MiniI;turn d:posi! for city staff and city attorney's ofiiex review. Review by city staff to be reimbursed at a r3tc. of S501hoW" and review by city I!.nomcy's offic-.t a: a ro.tc of £ 1501hoUT. Exampl<:s: P'lTking Agrcc:mentS, Access AgreementS, D~ Restrictions. . A1t additional $25 filing fc.e is requirecrby the County Clerk when the City filcs-"tbe' Notice" of Detamination. The applicañt wjJ be required to provide the City with a cashiers check for S25, payable to the ORANGE COUNTY CLERK within 48 hour> fo project approval. Substantial additional fees may be required by the County Clerk when the City files the Notjex of Determination, in accordance with AB 3158 as esublishcd by the Department of Fish and Game. If additional fees 'lTe 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 hoùr> of project approval. (5) See fee for Minor CUP (existing development) (6) Set fee for Time Extensions (CUP, Design Review, V'a:Tìiìïéíi and Subdivision) (7)t;I@m;~X:f §}f èif::Arii§î§ §!ø§JQ~§~§'§Y:f§Dæ; p j5l9Y~T:K qy. f ~ .:~~ i Ii §tP~"§ e 9;.'.¥@§ <:¥'~. .:Su §! y¥ ~ ~ n) (8) See fees for Design Reviews . .... ............. . ...... . ... * see shaded arcas for amendmentS Resolution No. 94-42 superccócs Exhibit A of City Council ResolUtion No. 94-29 VÞJUANC:::S MAJOR V).3IANCE: New development that deviates from a specif:= development standard. all existing developm€:-.:. which deviates from a standard by more t}:;;.:1 .10~. . MINOR V)'_~IA.NCE: Existing development that deviates from a specific developmenl: standard by less th;;.:1 10~, new single family homes not: part of a sub¿ivision. or projects where t:he site wi:l contain less than 3 new apar1:men1:s or r.:-:"..¡ condominiums. PLEÞ.5E 2\DTE: Whe:re the:re is a question as t:o 'what category a p:roject should be classified. the Dire~to:r :reserves t:he ~ig~t ~o òet:ermir.:: the applicable category a proJect should fall wlch~n. 3 A TT M:ro-Œ:NT I CRIT:r::?IA FOR DETERM.U<:LHG EXISTING pLAl'<-NING FEES i I VJ.\.JO~ G.?: COhTDj"TTC:;1.zu., USE PERI"'ITS MINOR CI..?: DESIGN ;:-=-VTE¡" " HAJO? N.::.w: HINO? N=..-<: V..AJOR ?~ODEL: HINO? ~ODEL: New uses in combination with new constr..:ction or existing development in excess of _s.,OOO scruare feet of floor area, new auto se~ices 0; repair related uses, and new apartm:~t or condominium projects in excess 0: 3 dwelling units, condominium conversions. New uses in combination with new constr..:ction or existing development with 5,000 sqUar: feet or less of floor area, new uses ~ithin existing structures, expanåed ~r mo~ified existing uses, . signs, new apartmer..:: or . condominium project with 3 dwelling un~::s or less, second single family àwelli~gs..' New develODment in excess of 5,000 SCJ"\..lar: feet of floor area or building relocatio~s.. New development ",ith less feet of floor area. than 5,000 s-quë.re . '-. Modifications to existing structt:.res 0::- site which include an increase in' ex~sting' floor area in excess of 50~, and/or existing :~caòe or site modification~ which c~nstit~::e a chë.nge in 3 or more major åesign element~ on a " building elevation or site which result in a complete facade upgrade.. Definition::>f .. an element include windows, doo::-s, cclors, materials, parking lot changes, e::c.. Modifications to existing structures which include an increase in existing floor _=e2 of ::,o~ or less, anå/o::- e.x~stino facade 0::- site modifications which constitu~e a ch&Dce in3 or less major design ele!'1ents ""'hich ~ ¿::> not resul t in a complete facaåe: upg:-aåe, .: iDSl e family homes not part of a subdiv~sion, resiàential room aò¿iticns, .:õ.:1d ne..... or modified accessory structures ass~ciate¿ with existing development.. /". A TT ACHMENT 2 Fee Comparison City General Plan Amendment ATTACHMENT 2 FEE COMPARISON - VARIOUS CITIES Zone Change Per Unit Rate Tentative Tract Ma~ Conditional Use PermitsNariances Site Plan Review Huntington Beach $13,165 (major) $6,440 $5,220 plus $30 per lot $6,025 New Residential, $500 $9,910 (minor) Comm/Indust=$3,430; Mixed Use=$11,295; Variance=$1,335 Irvine Varies Varies Varies Varies Deposit $12,000; Deposit $12,000; Deposit $4,000; Deposit $12,000: $115.08/hr. $1l5.08/hr. $115,08/hr. $115.08/hr. deposit $1,500; $115.08/hr Laguna Hills $3,000 deposit - actual $3,000 deposit - actual $2,500 deposit - actual $3,000 CUP deposit - $3,000 (major) cost cost cost actual cost / $2,500 $600 (minor) Variance deposit - actual cost Laguna Niguel Lake Forest $2,925 + $20/lot $5,500 deposit Mission Viejo $3,300 flat fee per $3,300 flat fee per $4,500 + $20/each $1,900 project project numbered lot - flat fee $3,300 per project Tustin KP:Fee Comparison-Cities $1,205 $350 (minor) $985 (major) A TT ACHMENT 3 Revised Fee Schedule RESOLUTION NO. 04-26 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 Community Development Department is responsible for processing entitlements, which results in the Department incurring certain processing, administrative and production costs. B. The existing Planning Division fee schedule, as adopted by Resolution No. 99-53, is not commensurate with the actual cost of providing planning services, particularly for larger scale residential, commercial, and industrial projects. C. The 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 and permit applications. II. The City Council hereby establishes a revised fee schedule for Community Development Department, 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 99-53 and shall be applied uniformly except where, in the discretion of the City Manager, reduced fees are justified by special circumstances. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 17th day of February, 2004. TONY KAWASHIMA MAYOR PAMELA STOKER CITY CLERK Resolution No. 04-26 Page 2 STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) SS I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 04-26 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 17th day of February, 2004, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK EXHIBIT A OF RESOLUTION NO. 04-26 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION FEE SCHEDULE AND SERVICE CHARGES RESOLUTION NO. 04-26 AdoDted February 17, 2004 FEE SCHEDULE FOR PLANNING TYPE OF CHARGE DIVISION FEES (See "Criteria for Determining Planning Fees" below) OR SERVICE CHARGE (1 ) Appeals 'Y2 Oriqinal Fee CC&R Review (1 check and 1 recheck) $190 Subsequent Review - City Attorney $150/hr. Planninq Staff $50/hr Certificate of Compliance $95 Code Amendment $950 Conditional Use Permits and Amendments Major $3,000 Deposit (9) Minor (new development) $665 Minor (existinq develoDment) $350 Amendment to Conditions of Approval $350 ABC License $255 Time Extensions $250 Desiqn Reviews and Amendments Major New $3,000 Deposit (9) Major Remodel $635 Minor New $510 Minor Remodel $350 Siqn $65 Amendment to Conditions of ADDroval $350 Time Extensions $250 Development Aqreements $2,000 (2) Exhibit A of Resolution No. 04-26 Page 2 Extraordinary Research (minimum 2 hours) $50/hr. Environmental EIR Major $4,000 (2)(4) EIR Minor $2,500 (2)(4) Initial Study $95 Neqative Declaration $125 (4) Notice of Completion $50 Notice of Determination $25 Notice of Exemption $25(4) General Plan Amendments Land Use Map $985 Major Text Amendment $2,000 (2) Minor Text Amendment $750 Lot Line Adjustment $255 Lot Merger $190 Miscellaneous Documents $190(3) Newsrack Permit (per permit location $125 (4+ permit locations) $500 deoosit Temporary Use Permit (TUP) $95 Time extension on TUPs $50 Subdivisions and Amendments Tentative Tract Map $3,000 Deposit (9) Tentative Parcel Map $3,000 Deposit (9) Tentative Tract Map (ET Project) $2,730 Tentative Tract Map (ET Sector) $5,715 Final Tract Map $1,335 Final Parcel Map $1,110 Amendment to Conditions of Approval $350 Reversion to Acreaqe Map Fee + $65 Time Extension $250 Exhibit A of Resolution No. 04-26 Page 3 Use Interpretations $125 Variances and Amendments Major $3,000 Deposit (9) Minor $380 Amendments to Conditions of Approval $350 Time Extensions $250 Zone Chanqe $950 Zoninq Administrator Action Administrative AdiustmentlMinor Adjustments $95 Soil Remediation $95 Minor Conditional Use permits (existinç¡ development) (5) Time Extensions (6) Amendment to Conditions of Approval (7) Desiqn Review (RDA) (8) Written zoning confirmation/non-conforminq status letter $50/hr Planning review of plan check submittals 20% of Building Division Plan Check or Permit Fee 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, condominium conversions. MINOR CUP 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. Exhibit A of Resolution No. 04-26 Page 4 DESIGN REVIEW MAJOR NEW: MINOR NEW: MAJOR REMODEL: MINOR REMODEL: VARIANCES MAJOR VARIANCE: MINOR VARIANCE: PLEASE NOTE: Footnotes: 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 façade 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 façade upgrade, Definition of an element includes windows, doors, colors, materials, parking lot changes, etc. Modifications to existing structures which include an increase in existing floor area of 50% or less, and/or existing façade or site modifications which constitute a change in 3 or less major design elements which do not result in a complete façade upgrade, single family homes not part of a subdivision, residential room additions, and new or modified accessory structures associated with existing development. New development that deviates from a specific development standard, all existing development which deviates from a standard by more than 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 will contain less than 3 new apartments or new condominiums. 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. 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. (1 ) (2) Exhibit A of Resolution No. 04-26 Page 5 (3) (4) (5) (6) (7) (8) (9) Examples: Parking Agreements, Access Agreements, Deed Restrictions. The applicant will be required to provide the City with a cashier's check for $43, payable to the Orange County Clerk-Recorder within 48 hours of project approval, for filing of environmental documents. Substantial additional fees may be required by the Orange County Clerk-Recorder when the City files the Notice of Determination, in accordance with AB 3158, as established by the California State Department of Fish and Game. If additional fees are required, the applicant will be required to provide the City with a cashier's check for the additional fees, payable to the Orange County Clerk-Recorder within 48 hours of project approval. See fee for Minor CUP (existing development). See fee for Time Extensions (CUP, Design Review, Variance and Subdivision) See fee for Amendment to Conditions of Approval (CUP, Design Review, Variance, and Subdivision) See fees for Design Reviews. Initial deposit fees are required at the time of application submittal. Actual staff costs will be subtracted from the deposit and any additional staff costs incurred above the initial deposit will be due to the City. Forms: COD Fee Schedule