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HomeMy WebLinkAboutAGENDA REPORT 2017 0607 CCSA REG ITEM 09D ITEM 9.D. CITY OF MOORPARK.CALIFORNIA City Council Meeting MOORPARK CITY COUNCIL of aoi'7 AGENDA REPORT TO: Honorable City Council FROM: David A. Bobardt, Community Development Director I DATE: May 24, 2017 (CC Meeting of 6/7/2017) SUBJECT: Consider Scheduling a Public Hearing to Consider a Resolution Updating Permit Application Review and Processing Fees and Deposits and Rescinding Resolution Nos. 2016-3505 and 2017-3588, and Finding This Action Exempt from the California Environmental Quality Act BACKGROUND/DISCUSSION Policy 5.7 of the City Council Policies Resolution No. 2015-3353 requires an annual review of all City fee resolutions to determine if an adjustment of any fee is appropriate in conjunction with the preparation of the next fiscal year budget. The fees and deposits required for Community Development permit application review are based on the City's billing rates, adopted by separate resolution, along with the estimated time required to review typical applications at the various staff levels in order to recover costs. The current resolutions establishing fees and deposits for Community Development permit application review are Resolution Nos. 2016-3505 and 2017-3588. On May 17, 2017, the City Council updated staff billing rates by adopting Resolution No. 2017-3596. Most of the staff billing rates had increased due to cost of living adjustments. As inflation has been averaging less than 2 percent per year for much of the past decade, many of the fees and deposits for Community Development permit application review have not been increased in this timeframe, except for recognition of direct costs, such as Police Department review, where applicable. In fact, in some cases, lower fees were established for specific permits, such as Conditional Use Permits (CUPs) for restaurants with or without beer and wine service or for uses with existing CUPs or Administrative Permits (APs) that are relocating within the city. These fees were lowered as the actual costs of processing such specific applications had historically been less than for similar permits for other uses. 133 Honorable City Council June 7, 2017 Page 2 The attached draft resolution recommends increases to fees and deposits administered by the Community Development Department by approximately 10 percent to account for cumulative increases to the staff billing rates. It also includes a fee for a Certificate of Compliance, used as a recorded instrument to verify the legality of a lot. A fee for this application had not been included in previous fee resolutions, and is recommended to be the same as the fee for a lot line adjustment application, proposed at $2,800.00 plus $110.00 per lot, as the review process is very similar. It is distinct from the review process for a Conditional Certificate of Compliance, which is used to bring illegally created lots into compliance so that title insurance can be obtained. In such cases, a $7,200.00 deposit is recommended, as the amount of staff time needed can vary considerably from one project to another. Changes to fees and deposits are shown in underline/strikeout format in the attached resolution. The resolution would also rescind the current fee resolutions, Nos. 2016- 3505, which has the fee schedule, and 2017-3588, which addresses charges by City consultants, as these are combined in the proposed resolution. Staff is requesting the City Council to schedule a public hearing for the July 5, 2017 City Council meeting for consideration of this resolution. The fee schedule has been reviewed and found acceptable by the Finance Director. California Government Code Section 66014 provides for cities to charge fees that do not exceed the costs associated with processing land development zoning and use permit applications. Sections 66016, 66018, and 6062a set forth the notification and hearing process required prior to levying new fees or service charges, or prior to increasing an existing fee or service charge. Section 66017 provides that certain fees shall take effect no sooner than 60 days from the date of adoption. Notices will be provided in accordance with those requirements, and, if adopted, updated fees would take effect on September 5, 2017. STAFF RECOMMENDATION Schedule Public Hearing for Consideration of Permit Application Review and Processing Fee and Deposit Updates for the regular July 5, 2017 City Council meeting. Attachment: Draft Fee and Deposit Resolution S:\Community Development\ADMIN\FINANCE\Fees\Entitlement Deposits\Agenda Reports\cc 20170607.docx 1 3 4 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, UPDATING THE CITY'S PERMIT APPLICATION REVIEW AND PROCESSING FEES AND DEPOSITS, AND RESCINDING RESOLUTION NOS. 2016-3505 AND 2017-3558, AND FINDING THIS ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City of Moorpark provides permit application review and processing services; and WHEREAS, the City Council has det, ed that the'';o t of these services shall be fully offset by fees which accompany „` requests; and ' /..,„,' WHEREAS, these fees are reviewed"/ dicallo,determin' ,,any adjustments are necessary to reflect actual processing costs!'' d/""'' WHEREAS, the costs for , , , �;,/g applic s have increased since these fees were last updated, and 'i% i7., vi/i,% i ir�i. i/moi,, WHEREAS, tr % �.x=;;E filling rates,fors I �� for pessing applications have been established • (arae �,,y Coun', ' ;�• . s ion, ;% WHEREAS, o 4,,ne 7;/A)17, the Council scheduled a public hearing for July 5, 20�, onsider �,a• - it cation review and processing fees and deposit % % �%!� /m '�j,� `%/ /;z �,/%/ REAS, no*rf theduly 5, 2017 public hearing has been provided as required /, ctions 606 .6016�; d 66018 of the Government Code; and � iii- 'ii. <. WHERE/4>informati',' on the costs required to provide the permit application .;;�., Vii; review and roce servi��,lwas made available to thepublic as required bySection P �i� ;, q 66016 of the Goverrt ; and WHEREAS, on Jii 5, 2017, the City Council held a public hearing as required by Sections 66016 and 66018 of the Government Code to consider updates to permit application review and processing fees and deposits, took and considered oral and written presentations both for and against the proposed fees and deposits, and reached a decision on this matter; and WHEREAS, the fees and deposits included in this resolution do not exceed the estimated reasonable cost of providing the service for which the fee is charged, as required by Section 66014 of the Government Code; and 135 Resolution No. 2017- Page 2 WHEREAS, the Community Development Director has determined that the update to deposits and fees for permit processing is exempt from the provisions of the California Environmental Quality Act (CEQA), in that the action of the City Council does not involve the consideration of the approval of a project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council concurs with the Community Development Director's determination that the update to deposits and fees for development processing is exempt from the provisions of the California Environmental Quality Act (CEQA), in that the action of the City Council does not involve the consideration of the approval of a project. SECTION 2. COST RECOVERY: City of Moorpark staff shall bill actual time spent -on land use applications and other items eligible for cost recovery where a deposit is required at a real time cost accounting rate as established by City Council Resolution No. 2017- as may be amended from time to time. Additional deposits will be required when staff time charges are projected to exceed the deposit balance. Any remaining deposit amount left from entitlement processing shall be applied to condition compliance. Upon certificate of occupancy or final building permit, when all permit review and processing has been completed, any remaining condition compliance deposit shall be returned after all costs are deducted for final processing. SECTION 3. COSTS FOR CONTRACT SERVICES: Contract services shall be billed at cost, plus fifteen percent (15%), including, but not limited to, City Attorney; geotechnical/geological services, traffic engineer services, landscape architect review and inspection services; lighting engineer review and inspection services and planning consultant services. SECTION 4. REDUCTION OF DEPOSITS FOR PROJECTS WITH MULTIPLE PERMITS: The Community Development Director has the authority to reduce deposit amounts up to fifty percent (50%) per entitlement application, where the project involves multiple applications for the same project on the same property, to be processed concurrently. The applicant retains the responsibility to pay for all costs associated with the processing of the applications at the adopted billing rates." SECTION 5. ADOPTION OF FEE SCHEDULE: The Schedule of Permit Processing Deposits and Fees is adopted as shown in Exhibit A of this Resolution. SECTION 6. EFFECTIVE DATE: This Resolution shall become effective in sixty (60) days from the date of adoption. 136 Resolution No. 2017- Page 3 SECTION 7. Resolution Nos. 2016-3505 and 2017-3588 are hereby rescinded upon the effective date of this Resolution. SECTION 8. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this day of July, 2017. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Attachment: Exhibit A: Schedule of Permit Application Review and Processing Deposits and Fees 137 Resolution No. 2017- Page 4 EXHIBIT A: CITY OF MOORPARK PERMIT APPLICATION REVIEW AND PROCESSING FEES AND DEPOSITS ' k y1. 3 f7+�r Uf1 N 0,E ( c o� ��:� i/ � ._ ^" , o- 4 DPOSIT` .NOTE,:,` ,.�. s,M,. +S.o, t3 ,v,.. 1,1„ Pre-Applications and General Plan Amendment Pre-Screening Pre Application (Non GPA) $1.400 300 General Plan Amendment Pre-Screening Application $8,400x,600 Entitlement Applications Specific Plan $43,00039;000 General Plan Amendments $5,700.5,200 Zone Change $5,700 5,200 Zone Ordinance Amendment $5.7005;208 Development Agreements $34.00031,000 Tentative Tract Map(Less than thirty(30)lots) $10,000-94Q Tentative Tract Map(Thirty(30)lots or more) $21,50019500 Vesting Tentative Tract Map $28,500-26,000 Tentative Parcel Map $7,90058 Commercial/Industrial Planned Development-New Const(Less than 50,000 sf) • • $21,5004&500 $300 flat fee for Police Department review also required. Commercial/Industrial Planned Development-New Const(50,000 sf or more) $28,50026,000 $300 flat fee for Police Department review also required. Commercial Planned Development -Conversion of Residence to Retail of Office in $5.5005 30 $300 flat fee for Police Department review also required. Downtown Specific Plan Area where permitted by Specific Plan Residential Planned Development(Less than thirty(30)units) $21.50045,508 $300 flat fee for Police Department review also required. Residential Planned Development(Thirty(30)units or more) $28.50026,000 $300 flat fee for Police Department review also required. Conditional Use Permit $5.5005;908 $300 flat fee for Police Department review also required. Conditional Use Permit for a Restaurant Use with or without Beer and Wine,or for a $3.90037580 $300 flat fee for Police Department review also required. Use Relocating from a Place within the City where an existing Conditional Use Permit has been granted for the use and there is no change in use,only location Variance $5.50057580 Public Hearing Notice $1.3004-280 Appeal of Planning Commission Decision $2.9005;680 Environmental Documentation Initial Study&Negative Declaration $5,7005;208 Environmental Analysis see note 100%of cost plus 15%administrative fee. Staff to provide estimated cost. Environmental Impact Report Supplement or Addendum $7.200-600 Special Studies and Reports Other Studies, Reports or Analysis as determined necessary by Director I see note 1100%of cost plus 15%administrative fee. Staff to provide estimated cost. co Resolution No. 2017- Page 5 Modifications/Extensions Modification-Commercial/Industrial/Residential with existing Planned Development see note 80%of initial deposit amounts. $10,000 deposit for Modifications if no substantial Permit • • change to site plan or architectural design,not to exceed 80%of initial deposit. Development Agreement-Annual Review $2,9002690 Time Extension of Approval—Planning Commission or City Council Decision $2,200000 Time Extension of Approval—Staff Decision $700600 Miscellaneous Parcel Map Waiver,or Conditional Certificate of Compliance $7,200500 Condition Compliance Planning Condition Compliance Review see note 100%of original Map/PD deposit to be paid within 30 days of project approval Landscape Review& Inspection see note 100%of cost plus 15%administrative fee applied with City consultant services. Lighting Plan Review/Inspection see note Staff to provide estimated cost. Violation(Penalty) Conditions of Approval see note 100%of staff time for investigation and enforcement. City of Moorpark staff shall bill actual time spent on land use applications and other items eligible for cost recovery where a deposit is required at a real time cost accounting rate as established by City Council Resolution No.2015-3383 as may be amended from time to time. Additional deposits will be required when staff time charges are projected to exceed the deposit balance. Any remaining deposit amount left from entitlement processing shall be applied to condition compliance. Upon certificate of occupancy or final building permit,when all permit review and processing has been completed,any remaining condition compliance deposit shall be returned after all costs are deducted for final processing. APPLICATIONS RE0LIIRING.FEESFEE NOTE OR ADDITIO � � � At, r Planning and Zoning Permits Zoning Clearance $110400 Zoning Letter/Re-Build Letter $330-300 Home Occupation Permit $110400 Also requires Business Registration Home Occupation Permit for Persons Under the Age of 18 with Annual Gross Income $0 of less than$10,000 Administrative Exception $720.650 Administrative Permit-Residential $8600 Administrative Permit-Commercial/Industrial $1,400400 $300 flat fee for Police Department review also required. Administrative Permit—Relocation of a Business with an Existing Administrative Permit(not $430090 $300 flat fee for Police Department review also required. involving expansion of more than 50%of floor area,change in the nature of the business,or sale of alcoholic beverages) Administrative Permit—Relocation of a Permitted Business that did not Require an $720650 $300 flat fee for Police Department review also required. Administrative Permit when Established(not involving expansion of more than 50%of floor area,change in the nature of the business,or sale of alcoholic beverages) Lot Line Adjustment,Certificate of Compliance,or Reversion to Acreage $2.8002500 Deposit required for Conditional Certificate of Compliance(see abovel +$110400/lot Permit Adjustment-Residential $430-390 Permit Adjustment-Commercial/Industrial $860780 Mobile Home Rent Increase Review $430-390 Applies to cost-of-living increases only. Sign Permit $220-200 Sign Permit for Change of Copy on Existing Permitted Sign $110400 in Program $860780 Resolution No. 2017- Page 6 Temporary Sign and Use Permits Temporary Sign/Banner Permit $5040 Temporary Use Permit-Minor $170450 i.e. Outdoor sales,RV as dwelling during residential construction. Temporary Use Permit-Major $430390 i.e. Parades,concerts,carnivals,shows.$300 flat fee for Police Department initial review also required.An additional deposit may also be required for anticipated additional staff and police monitoring costs. Appeals Appeal of Community Development Director Decision Requiring Public Notice $1,000940 Appeal of Community Development Director Decision without Public Notice $860780 Film'Permits Film Permit—Private Property Only $550500 $300 flat fee for Police Department review also required. An additional deposit may +$110400/day also be required for anticipated additional staff and police monitoring costs. Film Permit—Involving City Property or Public Right-of-Way $880800 $300 flat fee for Police Department review also required. An additional deposit may +$170450/day also be required for anticipated additional staff and police monitoring costs. Film Permit—Still Photography Only $110480 A deposit may also be required for anticipated additional staff costs. Special Business Permit Review Annual Abandoned Shopping Cart Prevention Plan Review $5550 Annual Bingo Game Permit $50 Annual Street Vendor Permit . $110400 Annual Adult Business Permit $550590 Annual Adult Business Performer Permit $110400 Secondhand Dealer,Thrift Shop,and Pawnbroker Permit $440400 $4,4004;000 deposit for police review expenses must be maintained and replenished on a monthly basis. Thrift shops owned and operated by 501(c)(3) non-profit organizations are exempt from providing daily police reports and the corresponding police review deposit. Open House Directional Sign Permits Annual Encroachment Permit for Individual Owner/Seller or Real Estate Agent $110400 5 sign stickers provided,50%of annual encroachment permit fee if after July 1 Annual Encroachment Permit for Real Estate Office $330300 60 sign stickers provided,50%of annual encroachment permit fee if after July 1 Additional Sign Stickers $5 Retrieved Sign Storage Fee $5 per day Stored signs that are not retrieved within 30 calendar days will be destroyed in accordance with the law. Business Registration Permits Initial Business Registration Permit $10090 $1 Annual State Mandated Surcharge for Certified Access Specialist required in Annual Renewal of Business Registration Permit $403,5 addition to Business Registration fee pursuant to Government Code Section 4467 Annual Business Registration Permit Limited to Individual Vendor at City-Permitted $5045 Swap Meet or Farmers'Market Business Registration Permit to Persons Under the Age of 18 with Annual Gross $0 Income of less than$10,000 Additional Vehicle Stickers(1 provided with Business Registration for Mobile Business) $2 0 Resolution No. 2017- Page 7 n c � i- .e.� <sa �° ,.•'��x e� '�'". a ` � `,,. "� r+�.:<:,. :.�s"as�.y? �`� :,�. � �.y�+.,� ' �,��,� �r , '��n �4 Records Imaging Building and Safety Drawing Sheets $2.00 Per Sheet Engineering Improvement Plan Drawing Sheets $ 2.00 Per Sheet Planning Drawing Sheets $2.00 Per Sheet Final Map Sheets $2.00 Per Sheet Building and Safety Permit Files $0.30 Per Sheet Planning Entitlement Files $0.30 Per Sheet Advance Planning Advance Planning Fee(Includes G P Updates and Traffic Model Maintenance) see note 5%of Building Permit Fee for Valuation of$10,000 or greater Construction and Demolition Material Management Plan Review Fee for Projects where No Deposit Fund Exists(otherwise review will be $1601-45 charged to the project deposit fund based on actual time at existing billing rates).