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Home My WebLink About05 ADOPT REV. FEE RESO 06-06-05 AGENDA REPORT Agenda Item ~ Reviewed: ..J . A ^ City Manager ~ Finance Director ~ MEETING DATE: JUNE 6,2005 TO: FROM: WilLIAM A. HUSTON, CITY MANAGER ELIZABETH BINSACK, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ADOPTION OF FEE RESOLUTION NO. 05-73 SUMMARY On February 17, 2004, the City Council adopted Resolution No. 04-26 revising the Planning Division fee schedule and services charges. The adopted fee schedule includes cost recovery for large development projects and City Attorney service fees limited to the review of CC&Rs only. The Planning Division's fixed fee schedule currently does not support cost recovery for the remaining planning services identified in the Resolution, or City Attorney/Special Counsel costs beyond review of CC&Rs and other legal documents. The proposed fee schedule revision would provide for cost recovery for these services. RECOMMENDATION That the City Council adopt Resolution No. 05-73 approving a revised Planning Division Fee Schedule (Attachment A - See highligted text). FISCAL IMPACT Adoption of Resolution No. 05-73 ensures developer-funded cost recovery for all staff and City Attorney/Special Counsel planning services costs. BACKGROUND The Planning Division processes entitlements for private developments such as general plan amendments, zone changes, tentative and final parcel and tract maps, conditional use permits, design review applications, and the environmental documentation associated with these entitlements. The City's current fee schedule allows the City to recover planning and building divisions costs for the processing of major projects only (Attachment B - Resolution No. 04-26/Current Fee Schedule). For small development projects, fixed fees have been established that assumes limited staff time to complete and process applications with minimal meetings and/or telephone conferences. City City Council Report Revisions to Fee Resolution No. 04-26 Page 2 Attorney services fees are limited to the review of CC&Rs only and Special Counsel review fees are not recoverable. Some entitlements, regardless of their size, could include numerous meetings with staff and City Attorney/Special Counsel review of various planning and building applications (i.e. Development Agreement, Housing Agreement, Water Quality Management Plan Agreement, CC&Rs, etc.) and other applicable legal documents. Fee Resolution No. 04-26 does not support cost recovery for these expenses. To ensure that the cost of providing staff and City Attorney/Special Counsel services are paid by project proponents rather than bourne by the general Tustin taxpayers, staff recommends a revision to the current fee schedule to allow for the City to recover actual costs of staff review and all necessary City Attorney/Special Counsel services. a~~¿¡ ;;~~J:. Elizabeth A. Binsack Community Development Director Attachments: A. Resolution No. 05-73 (Revised Fee Schedule) B. Resolution No. 04-26 (Current Fee Schedule) S:\CddlCCREPORT\fe.. (CA Cost Recovery).doc ATTACHMENT A Resolution No. 05-73 (Revised Fee Schedule) RESOLUTION NO. 05-73 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. 04-26, is not commensurate with the actual cost of providing planning and City Attorney/Special Counsel 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 services 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 04-26 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 6th day of June, 2005. LOU BONE MAYOR PAMELA STOKER CITY CLERK Resolution No. 05-73 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. 05-73 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 6th day of June, 2005, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK EXHIBIT A OF RESOLUTION NO, 05-73 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION FEE SCHEDULE AND SERVICE CHARGES RESOLUTION NO. 05-73 Ado ted June 6, 2005 TYPE OF CHARGE (See "Criteria for Determining Planning Fees" below) FEE SCHEDULE FOR PLANNING DIVISION FEES OR SERVIC:.E::...<:;HARGE (1) m', " A eals y" Ori inal Fee Certificate of Com liance $95 'II. Code Amendment $950 Conditional Use Permits and Amendments $3,000 De osit 9 $665 $350 $350 $255 $250 Desi n Reviews and Amendments Ma'or New Ma'or Remodel Minor New Minor Remodel Si n Amendment to Conditions of A roval Time Extensions $3,000 De osit 9 $635 $510 $350 $65 $350 $250 $2,000 2 $50/hr. Exhibit A of Resolution No, 05-73 Page 2 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 Adiustment $255 Lot Merqer $190 Miscellaneous Documents $190 (3) Newsrack Permit (per permit location $125 (4+ permit locations) $500 deposit 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 Acreage Map Fee + $65 Time Extension $250 Use Interpretations $125 Exhibit A of Resolution No, 05-73 Page 3 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 AdiustmenUMinor Adiustments $95 Soil Remediation $95 Minor Conditional Use permits (existing (5) development) Time Extensions (6) Amendment to Conditions of Approval (7) Design 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, 05-73 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, (1 ) Includes cursory review of applications by building staff, Exhibit A of Resolution No, 05-73 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:CDD Fee Schedule ATTACHMENT B City Council Resolution No. 04-26 (Current 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, II. The Califomia Govemment 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. 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 supenœde 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 ate justified by special circumstances. C, PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 17th day of February, 2004, ~ ~(, NY KA SHIMA MAYOR ~ CITY CLERK . ..--.. .---...- - Resolution No. 04-26 Page 2 STATE OF CALIFORNIA ¡ COUNTY OF ORANGE CITY OF TUSTIN 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: KAWASHIMA, COUNCILMEMBER NOES: NONE COUNCILMEMBER ABSTAINED: NONE COUNCILMEMBER ABSENT: NONE SS BONE, DAVERT, HAGEN, THOMAS (5) (0) (0) (0) ~~~ CITY CLERK EXHIBIT A OF RESOLUTION NO, 04-26 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION FEE SCHEDULE AND SERVICE CHARGES RESOLUTION NO. 04-26 Adopted Februarv 17 2004 FEE SCHEDULE FOR PLANNING TYPE OF CHARGE DIVISION FEES (See .Criteria for Determining Planning Fees' below) OR SERVICE CHARGE (1\ Appeals % Oriainal Fee CC&R Review (1 check and 1 recheck) $190 Subseouent Review - City Attornev $150/hr, Planning 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 (existina development) $350 Amendment to Conditions of Approval $350 ABC LIcense $255 Time Extensions $250 Design Reviews and Amendments Maior New $3,000 Deposit 19\ Maior Remodel $635 Minor New $510 Minor Remodel $350 Sign $65 Amendment to Conditions of Approval $350 Time Extensions $250 Development Aareements $2 000 12) Exhibit A of Resolution No. 04.26 Page 2 Extraordinarv Research (minimum 2 hours) $50/hr. Environmental EIR Major $4,000 12)(4) EIR Minor $250012)(4) Initial Studv $95 Neaative Declaration $12514) Notice of Completion $50 Notice of Determination $25 Notice of Exemption $2514) General Plan Amendments Land Use Map $985 Major Text Amendment $2 000 12) Minor Text Amendment $750 Lot Line Adiustment $255 Lot Merger $190 Miscellaneous Documents $19013) Newsrack Permit (oer permit location $125 14+ permIt locations) $500 deposit Temporarv Use Permit ITUP) $95 Time extension on TUPs $50 Subdivisions and Amendments Tentative Tract Map $3 000 Deposit 19) Tentative Parcel Map $3 000 DeDosit 19\ Tentative Tract Map lET Project) $2,730 Tentative Tract Map lET Sector) $5715 Final Tract Map $1 335 Final Parcel Map $1 110 Amendment to Conditions of Aooroval $350 Reversion to Acreaae Map Fee + $65 Time Extension $250 Exhibit A of Resolution No. 04-26 Page 3 Use Interoretations $125 Variances and Amendments Major $3,000 DeDosit 9' Minor $380 Amendments to Conditions of Aooroval $350 Time Extensions $250 Zone Chance $950 Zoninc Administrator Action Administrative AdiustmentlMinor Adjustments $95 Soil Remediation $95 Minor Conditional Use oermits (existina develooment) 5 Time Extensions 6 Amendment to Conditions of ADDroval 7 Desicn Review (RDA) 8 Written zonina confirmation/non-conformina 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 8 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. (1) (2) Includes cursory review of applications by building staff. Minimum deposit for City staff and City Attomey's office review, Review by City staff to be reimbursed at a rate of $501hou r and review by City Attorney's office at a rate of $150Ihour. ..--.....-........ Exhib~ A of Resolution No. 04.26 Page 5 (3) (4) 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. (5) (6) (7) (8) (9) Forma :CDD Fee Schedule