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HomeMy WebLinkAboutCity Council - 2008-18 Effective in 60 days /1;kAA00 RESOLUTION NO. 2008-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 2007-59 ENTITLED, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CITYWIDE DEVELOPMENT FEES SCHEDULE AND REPEALING RESOLUTION NO. 2005-75 AND ALL SUPPLEMENTAL RESOLUTIONS THERETO"AND ESTABLISHING NEW DEVELOPMENT FEES FOR VARIOUS SERVICES PROVIDED BY THE PLANNING DEPARTMENT (SUPPLEMENTAL DEVELOPMENT FEE RESOLUTION NO. 2 WHEREAS, in 2005 the City Council commissioned Public Resource Management Group, LLC ("PRM") to identify the cost of fee-related services to assure the City was charging the proper amount of fee for City services. The PRM study determined that labor cost was an appropriate component of fees based on a fair distribution of all Citywide and departmental overhead costs as described in the 2005 study across all activities; and The City Council approved the PRM study in 2005, finding that fees for any service should include a cost component that can be directly or indirectly associated with the service; and In 2007 the City Council determined that the Consumer Price Index ("CPI") for the period of November 2005 to April 2007 had increased by 5.96%, and that the CPI Index was a reasonable calculation of the increased departmental overhead costs incurred by the City to provide City services; and On September 4, 2007, the City Council adopted Resolution No. 2007-59 establishing a fee schedule for the City; and City Staff has determined that Conditional Use Permit applications for dancing, sales of alcohol, and entertainment at existing restaurants located in Downtown Huntington Beach currently incur the same fee, yet involve significantly less staff time, than Conditional Use Permit applications for other uses such as commercial/industrial/mixed use for parcels less than half a block, which require Planning Commission approval. As a result, City Staff has determined that the creation of a "Minor Conditional Use Permit" fee in an amount that is fifty (50) percent of the existing Conditional Use Permit fee, should be charged for applications that require fewer resources than other Conditional Use Permit applications, and that this reduced fee would accurately and reasonably reflect the City's decreased overhead costs in providing these City services; and City Staff has further determined that savings in department overhead costs are realized when a Variance application is processed concurrently with a Conditional Use Permit, and that a fifty (50) percent reduction in the fee for a Variance that is processed 1 07-1313.001/19280 Resolution No. 2008-18 concurrently with a Conditional Use Permit is a reasonable and accurate reflection of the City's decreased overhead costs in providing this City service; and City Staff has further determined that savings in department overhead costs are realized when a Zoning Map Amendment is processed in conjunction with a General Plan Amendment and that a fifty percent reduction in the fee for a Zoning Map Amendment that is processed concurrently with a General Plan Amendment is a reasonable and accurate reflection of the City's decreased overhead costs in providing this City service; and City Staff has determined that Environmental Assessments for properties listed in the General Plan Historical and Cultural Resources Element or in the historic survey area generally result in a Negative Declaration and do not require many of the additional studies such as traffic, sewer impact, biological, or many of the other environmental factors needed for other projects. City Staff has further determined that the creation of an "Environmental Assessment — Historic" fee in an amount that is fifty (50) percent of the current Environmental Assessment fee, to be applicable to such historical properties, would accurately and reasonably reflect the City's decreased overhead costs in providing this City service; and On September 17, 2007, the City Council adopted Zoning Text Amendment No. 06-08, which amended the zoning provisions relating to telecommunication facilities to require the submission of a Wireless Permit Application. Staff now recommends amending the City's fee schedule to include a fee to recover the City's cost of reviewing Wireless Permit Applications. City Staff has recommended the creation of a no-fee Administrative Permit that would apply to Personal Enrichment services, which are currently subject to an Administrative Permit fee of$530.00; and City Staff further recommends that all reference to "Medicinal Marijuana Dispensary" in Administrative Permit—List 2 be deleted as depicted in Exhibit "B" attached hereto, in response to City Council's action on November 5, 2007, which removed Medicinal Marijuana Dispensaries as a permitted use; and The City Council desires to update existing fees charged to the public consistent with City Staffs analysis, and impose fees that do not exceed the estimated reasonable cost of providing the service for which the fees are imposed, and subsidize certain costs related to Personal Enrichment services; and The City Council has determined that the fees set forth in this resolution are fair and reasonable, and necessary to offset the cost of programs and services being offered, 2 07-1313.001/19280 Resolution No. 2008-18 NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. Resolution No. 2007-59 is hereby amended to incorporate the new fees set forth in Exhibit"A,"attached hereto and by this reference made a part hereof. 2. The fees set forth in Exhibit "A" and adopted by this Resolution shall be effective sixty(60) days following the adoption of this Resolution, and continue thereafter. 3. The City's fee schedule shall be amended to reflect the deletion of "Medical Marijuana Dispensary" from Administrative Permit—List 1. 4. All provisions of Resolution No. 2007-59 not inconsistent with this action remain in effect. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of March , 2008. Mayor REVIEW ID APPROVED: INITI D ND A PROVED: City Administrator Direc or of Plannin ZIZ I I r�P APPROVED AS TO FORM: aiA*tto:��rney Exhibit"A"—Planning Department Development Fees Exhibit"B" —Legislative Draft of Changes to Planning Department Development Fees 3 07-1313.001/19280 Resolution No. 2008-18 Exhibit "A" - Resolution No. 2008-18 Planning Department Development Fees Fee Description Current Fee Amount Recommended New Fee Amount @ )Policy Level Planning Commission Actions Conditional Use Permit - Minor New Fee* $3,334.00 Variance** $3,319.00 $3,319.00 Zoning Map Amendment*** $18,512.00 Zoning Administrator Actions Variance** $2,350.00 $2,350.00 Environmental Processing Environmental Assessment -- Historical New Fee**** $3,484.00 Other Reviews and Services: Administrative Permit -- Personal Enrichment $530.00 $0.00 Fireless Permit Application Consultant Fee (based on actual per hour changes New Fee $per hour fee *New fee to distinguish between standard CUP and those uses that require fewer resources. Uses for which a Conditional Use Permit-- Minor would be assessed are currently charged a fee of$6,668 ** Reduced 50 percent when processed concurrently with a Conditional Use Permit. No fee if variance is a result of a condition of approval of the Public Judicial Body. *** Reduced 50 percent when processsed with a General Plan Amendment **** New fee to distinguish between Environmental Assessment requiring only historic review and those requiring more comprehensive study. No current distinction for lower level of review and historic review currently charged the same fee as an Environmental Assessment, $6,969 Exhibit"A" (March 3, 2008) Resolution No. 2008-18 Exhibit "B" - Resolution No. 2008-18 Planning Department -- Development Fees Fee Description Current Fee Amount* Recommended New Fee Amount/ No recommended change at present* Administrative Permit- List 1*** $ 530.00 $ 530.00 ws�uHat Administrative Permit- List 3*** $ 1,021.00 $ 1,021.00 Outdoor dining license agreement application fee $ 30.00 $ 30.00 Outdoor dining license agreement Use Charge (per square foot) $ 0.01 $ 0.01 Outdoor dining license agreement Code Enforcement Fee (per square foot) $ 4.00 $ 4.00 Design Review Board - staff $ 270.00 $ 270.00 Address Assignment - Meter Only $ 110.00 $ 110.00 Code Enforcement Re-inspection Fee $ 16300 $ 163.00 Notice and Order $ 946.00 $ 946.00 Vehicle Abatement $ 166.00 $ 166.00 Planning Plan Review Standard 70% of building inspection fee 70% of building inspection fee Planning Plan Review Production Units 24% of building inspection fee 24% of building inspection fee **Reduced 50% when processed concurrently with a Conditional Use Permit, Tentative Map or Variance ***Administrative Permit List 1: Outdoor Dining, Eating and Drinking Establishments, Fence Extensions(<8), and Home Occupations-- No-fee for Personal Enrichment Services _ .0°x_ " v\,"�p,Eyl . •Y,����m';",t s4EF�u> d' t'X � �'t� t'!>t� ��e�' „ ".�; ,,, ,��rx . ,.tea, :"'�7°,��"q; ' '-'��,"°; "•a�"rtt_-r�{-,> �q, �Y""",� ""s,N.�rr'It :���,<�,� ^E ��Aai�inls�`.afive� ermrt Cist 2:t;E>'`�r�it�;g;�Redcicf/�2tr��t�tvat�fst� �Effi�a�lcs,,.INaii!e����i#'�?�,u�Y�(` ix tt� `'ti/� t =,l ?.,.' .v"�<•''3"',.�^1t i :�'' F.+ia';,,." "",�' vL<•, '�y<!E+m>y,"�? .. vl t Sl iEl 3`s t i39� E �f S0, :� E� '�S:z2;•N a�� „v y��" t!t"E+ 3 t 4$Y�"; �< t i�it ***Administrative Permit List 3: Privacy Gates, Game Centers,Accessory Dwelling Units, Manufactured Home Parks ****Reduced 50% when processed with a Conditional Use Permit EXHIBIT"B" (March 3, 2008) Res. No. 2008-18 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on March 3, 2008 by the following vote: AYES: Hansen, Hardy, Bohr, Cook, Coerper, Carchio NOES: None ABSENT: Green ABSTAIN: None Qaj Cit lerk and ex-officio lerk'of the City Council of the City of Huntington Beach, California