Loading...
HomeMy WebLinkAboutAGENDA REPORT 2017 0705 CCSA REG ITEM 08A ITEM 8.A. CITY OF r OORPAR(,CALIFOs=NIA City Council Meeting ACTION: I I . j. MOORPARK CITY COUNCIL A0/'7 -3-4 ef• AGENDA REPORT G • TO: Honorable City Council 0 FROM: David A. Bobardt, Community Development Director DATE: June 27, 2017 (CC Meeting of 7/5/2017) SUBJECT: Consider 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 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. On June 7, 2017, the City Council set a public hearing for July 5, 2017 to consider updating permit application review and processing fees and deposits to address the increase in staff billing rates. DISCUSSION 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 1 Honorable City Council July 5, 2017 Page 2 lowered as the actual costs of processing such specific applications had historically been less than for similar permits for other uses. 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 draft resolution. Underline/strikeout text would be removed in the final 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. The fee schedule has been reviewed and found acceptable by the Finance Director. Current and proposed fees for three of the most common permits, a room addition, a new business needing an administrative permit or conditional use permit, and a new permanent sign or change of sign copy, are shown below, along with a comparison to neighboring jurisdictions. It should be noted that the level of staff work involved in these applications varies between jurisdictions based on established processes. FEE COMPARISON ROOM ADDITION AGENCY PERMIT TYPE FEE Moorpark Zoning Clearance Current $100 Proposed $110 Camarillo Zoning Clearance—Addition/Modification $610 Simi Valley Zoning Clearance $58 Thousand Oaks Precise Plan of Design Alter Exist Home $566- 1214 Ventura County Addition to Existing Buildings $275 2 Honorable City Council July 5, 2017 Page 3 NEW COMMERCIAL BUSINESS THAT NEEDS ADMINISTRATIVE PERMIT OR CUP Current $1,300 + $300 (police rev) Administrative Permit Proposed $1,400 + $300 (police rev) Moorpark Current $3,500- Deposit+ $300 Conditional Use Permit $5000 (police rev) Proposed $3,900- Deposit+ $300 $5,500 (police rev) Conditional Use Permit-Simple $4,758 Camarillo Conditional Use Permit-Complex $14,592 Simi Valley Conditional Use Permit—Administrative $833 Conditional Use Permit—Planning Comm $5,478 Deposit Administrative Action $1,500 Thousand Oaks $1,066- Fee Special Use Permit $15,000 Deposit Ventura County CUP—Commercial/ Industrial $2,000 Deposit PERMANENT SIGN— CHANGE OF COPY OR NEW Current $100 Sign Permit—Change of Copy Proposed $110 Moorpark Sign Permit— New Current $200 Proposed $220 Camarillo Sign Permit—Change of Copy $120 Sign Permit—New $312 Simi Valley Sign Permit—Face Change $15 Sign Permit—Permanent Sign $30 Sign Seal Permits—Face Change Only $150 Thousand Oaks Sign Seal Permits— $150- On Building/Monument $365 _ Ventura County Ministerial Tenant Change in Exist. Bldg. $161 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. The attached resolution provides for the updated fees to take effect on September 5, 2017. NOTICING A public hearing is required under the California Government Code for the establishment or increase of development project application fees. This hearing was advertised by 1/8 page ad in the Ventura County Star on June 14 and 21, 2017, and the notice was sent by email to the Building Industry Association of Southern California, 3 Honorable City Council July 5, 2017 Page 4 Southern California Edison, and the Gas Company per their request. The California Government Code also provides that certain fees shall take effect no sooner than 60 days from the date of adoption. FISCAL IMPACT The proposed fees are based on estimated time of the appropriate staff to process each application, using real staff billing rates as adopted by separate resolution on May 17, 2017. The proposed deposits would have actual time spent on the processing of the applications charged against the deposits using the real staff time billing rates adopted by separate resolution. As a result, no impact on the City General Fund is expected with the adoption of this resolution. STAFF RECOMMENDATION (Roll Call Vote) 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. 2017- ATTACHMENT: Draft Resolution No. 2017- 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 determined'that the cost of these services shall be fully offset by fees which accompany permit requests; and WHEREAS, these fees are reviewed periodically to determine if any adjustments are necessary to reflect actual processing costs; and WHEREAS, the costs for processing applications have increased since these fees were last updated; and WHEREAS, the hourly billing rates for staff time for processing applications have been established by separate City Council resolution; and WHEREAS, on June 7, 2017, the City Council scheduled a public hearing for July 5, 2017, to consider updates to permit application review and processing fees and deposits; and WHEREAS, notice of the July 5, 2017 public hearing has been provided as required by Sections 6062a, 66016, and 66018 of the Government Code; and WHEREAS, information on the costs required to provide the permit application review and processing services was made available to the public as required by Section 66016 of the Government Code; and WHEREAS, on July 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 CC ATTACHMENT 5 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. 6 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 7 Resolution No. 2017- Page 4 EXHIBIT A: CITY OF MOORPARK PERMIT APPLICATION REVIEW AND PROCESSING FEES AND DEPOSITS Pre-Applications and General Plan Amendment Pre-Screening Pre Application(Non GPA) $1,4001,300 General Plan Amendment Pre-Screening Application $8,400699 Entitlement Applications Specific Plan $43,00039;900 General Plan Amendments $5,700-5;298 Zone Change $5,700-5209 Zone Ordinance Amendment $5,7005209 Development Agreements $34,000900 Tentative Tract Map(Less than thirty(30)lots) $10,000-9480 Tentative Tract Map(Thirty(30)lots or more) $21,50019,500 Vesting Tentative Tract Map $28,500000 Tentative Parcel Map $7,900 7,150 Commercial/Industrial Planned Development-New Const(Less than 50,000 sf) ♦ • $21,50049,500 $300 flat fee for Police Department review also required. Commercial/Industrial Planned Development-New Const(50,000 sf or more) $28,500900 $300 flat fee for Police Department review also required. Commercial Planned Development -Conversion of Residence to Retail of Office in $5,5005;999 $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) $21,50049 500 $300 flat fee for Police Department review also required. Residential Planned Development(Thirty(30)units or more) $28,500900 $300 flat fee for Police Department review also required. Conditional Use Permit $5,5005,000 $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 $3,9003500 $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 $5,500500 Public Hearing Notice 3001,200 Appeal of Planning Commission Decision $2,9002600 Environmental Documentation Initial Study&Negative Declaration $5,7005;200 Environmental Analysis see note 100%of cost plus 15%administrative fee. Staff to provide estimated cost. Environmental Impact Report Supplement or Addendum $7,200500 Special Studies and Reports Other Studies, Reports or Analysis as determined necessary by Director see note 100%of cost plus 15%administrative fee.Staff to provide estimated cost. OD 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 $2,900200 Time Extension of Approval—Planning Commission or City Council Decision $2,200-2 0O0 Time Extension of Approval—Staff Decision $700880 Miscellaneous Parcel Map Waiver,or Conditional Certificate of Compliance $7,200-6500 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. Planning and Zoning Permits Zoning Clearance $110400 Zoning Letter/Re-Build Letter $330-300 Home Occupation Permit $110490 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 $860x80 Administrative Permit-Commercial/Industrial $1,4001,300 $300 flat fee for Police Department review also required. Administrative Permit—Relocation of a Business with an Existing Administrative Permit(not $430300 $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 $2,8002,500 Deposit required for Conditional Certificate of Compliance(see above) +$110400/lot Permit Adjustment-Residential $430-390 Permit Adjustment-Commercial/Industrial $860780 Mobile Home Rent Increase Review $430-300 Applies to cost-of-living increases only. Sign Permit $220-200 Sign Permit for Change of Copy on Existing Permitted Sign $110400 Sign 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. ' I 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 $1,000949 Appeal of Community Development Director Decision without Public Notice $860730 Film Permits Film Permit—Private Property Only $550500 $300 flat fee for Police Department review also required. An additional deposit may 4110400/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 $110400 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 $110490 Annual Adult Business Permit $550500 Annual Adult Business Performer Permit $110490 Secondhand Dealer,Thrift Shop,and Pawnbroker Permit $440400 $4,400400 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 $110490 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 I Initial Business Registration Permit $10090 $1 Annual State Mandated Surcharge for Certified Access Specialist required in Annual Renewal of Business Registration Permit $4035 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 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 $160445 charged to the project deposit fund based on actual time at existing billing rates).