HomeMy WebLinkAboutCity Council - 2008-18 Effective in 60 days
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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
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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,
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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
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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
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***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