Loading...
HomeMy WebLinkAbout20849 - RESOLUTIONS - 3/17/2004 RESOLUTION NO, 20849 OF THE CITY COUNCIL OF THE CITY OF ' PALM SPRINGS, CALIFORNIA, ADOPTING THE 2003/04 DEVELOPMENT USER FEE STUDY AND COST ALLOCATION PLAN AND AUTHORIZING THE CITY CLERK TO AMEND THE CITY'S COMPREHENSIVE FEE SCHEDULE ACCORDINGLY WHEREAS, Government Code Sections 65104, 65909.5, 66014 and 66451.2 allow the City to establish fees to offset the City's administrative costs in processing permits, licenses, subdivision maps and entitlements; and WHEREAS, the City retained MuniFinancial to prepare a Development User Fee Study and Cost Allocation Plan (hereinafter Study) to compare direct and indirect administrative costs in providing various services to the community a true and correct copy of which is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Study and supporting data were available for public inspection and review for ten (10) days prior to this public hearing; and ' WHEREAS, a public hearing has been noticed and held in accordance with Government Code Section 66018; and WHEREAS, the City Council has considered the information provided to it by those testifying, and has reviewed and considered the information provided in the staff Study and staff presentation and has read and considered the Study and supporting data. NOW, THEREFORE BE IT RESOLVED, Section 1. Findings: The Council makes each of the following findings: A. The purpose of the processing fees is to support those City services which are undertaken as a direct or indirect result of members of the public using the services of the City, in particular the services of permits, licenses, subdivision maps and entitlements. B. After considering the Study and supporting data and the testimony received at this public hearing, the Council approves and adopts the Study and incorporates the fees herein, and further finds that future development in the City of Palm Springs will generate a continued need for the services specified ' in the Study. C. The Study and the testimony establish: Resolution 20849 Page 2 1. That there is a reasonable relationship between the need for the fee and the type of service for which the fee is imposed; and 2. That there is a reasonable relationship between the amount of the fee and the estimated reasonable cost of providing the type of service for which the fee is imposed; and 3. The amount of service provided does not exceed what is reasonably necessary in order to process the requested service; and 4. That the cost estimates set forth in the Study are reasonable and best approximate the direct and indirect (overhead) costs of City staff and consultants for providing the necessary service to respond to the public's requests. D. The method of allocating the City's administrative costs of processing service bears a fair and reasonable relationship to each member of the public's burden on, and benefit from, the services requested by that member. E. The fees do not exceed the estimated reasonable cost of providing the service for which the fee is charged. Section 2. Fees Imposed: A. The City Clerk shall amend Resolution 20362, which establishes the City's Comprehensive Fee Schedule, to incorporate the processing fee set forth in the Study. B. Each person requesting a service in the City of Palm Springs for which a fee is imposed pursuant to the Study shall pay the new fee as set forth in the City's Comprehensive Fee Schedule. C. On July 1 st of each year, the fees shall be automatically adjusted by an amount equal to the percentage of increase or decrease in the consumer price index for this region, as last computed before the July 1 st date. D. The fees may also be adjusted if the City updates or modifies the Study and conducts a public hearing to implement a new or revised fee or fees based upon such update or modification. E. The applicable fee shall be determined on the basis of the fee schedule in effect at the time the application is submitted to the City for the requested service. The fee shall be payable in full at the time the application is submitted. F. The adoption of this Resolution does not affect the ability of the City to request an agreement between the applicant and the City to pay extraordinary processing costs and to establish deposit accounts. ' G. Notwithstanding anything to the contrary herein, the fee for copying public records requested by a member of the public, shall not exceed the direct costs of duplication. Resolution 20849 Page 3 Section 3. Fee Adjustment or Waiver or Reimbursement: A person subject to the fee imposed pursuant to this Resolution may apply to the City Council for adjustment to that fee, or a waiver of that fee, or reimbursement of part or all of the fee, solely by following the written protest procedure in the time and manner provided by Government Code Section 66020 and detailing the reasons for the adjustment, waiver or reimbursement. A. A person subject to the fees imposed pursuant to this Resolution that desires an adjustment or waiver of such fees shall follow the protest procedure contained in Government Code Section 66020 (as may be amended), and within the time frame set forth in subsection (d) thereof (as may be amended) or risk the loss of the legal ability to request such adjustment or waiver. In no event shall the City waive its right to rely on other applicable limitations periods, including without limitation those set forth in Government Code Section 66022 (as may be amended). B. A person may apply to the City Council for an adjustment to the fees by filing an application with the City Clerk. The application shall be made in writing and must identify the reasons why the City's processing fees should be adjusted. At a minimum, the reasons should explain why a reasonable relationship is lacking between the service provided by the City, the costs incurred by the City for such service and the fees imposed by the City for such service. C. The application shall be filed with the City Clerk no later than the deadline for filing protests as mentioned in subpart A. above. The City Clerk will present the application to the City's Finance Director or designee. D. The City's Finance Director, or designee, shall make a written determination on the application. The City's Finance Director, or designee, may authorize an adjustment so long as the adjustment does not exceed Ten Percent of the total amount of fees sought to be imposed by the City. Recommendations by the City's Finance Director, or designee, for adjustments in excess of Ten Percent will be forwarded to the City Council for final determination. The method and timing of implementing the adjustment is subject to the discretion of the City's Finance Director (or designee) or City Council where applicable. E. Any adjustment granted is limited to the project as proposed. If there is any change in the project, the fee adjustment is suspended so that the City's Finance Director, or City Council where applicable, may re-evaluate where the adjustment is still appropriate. F. Decisions of the City's Finance Director, or designee, are subject to appeal to the City Council so long as such appeal is made in writing and within 10 days of the decision. , Resolution 20849 Page 4 ' Section 4. Use of Fee Revenues: The revenues raised by payment of these fees, along with any interest earned, shall be used to pay for the City's administrative costs spelled out in the Study, including without limitation: the acquisition and maintenance of technology; the retention of specialized consultants to provide support and/or advise; and labor and contract costs directly or indirectly associated with providing the requested service. The City's Finance Director, or designee, is specifically directed to separate revenues raised by payment of the Technology Enhancement Fee and General Plan Maintenance Fee from all other revenues collected. In addition, the City's Finance Director, or designee, shall track and monitor the use of these revenues to ensure that they are being used for their intended purpose. Section 5. Subsequent Analysis of the Fees: The fees established herein are adopted and implemented by the Council in reliance on the comprehensive studies that have been prepared by the City and consultants to the City. Every five (5) years, the City shall update the Study to verify that there is still a reasonable relationship between the amount of the fee and the estimated reasonable cost of providing the type of service for which the fee is imposed. Notwithstanding any term or condition of any permit, subdivision map, license or entitlement granted by the City, it is existing policy that the City Council may revise the fees to incorporate the findings and conclusions of further studies, as well as increases due to inflation, and that such revisions shall apply to any prior approved projects, as well as new projects. Section 6. Effective Date of Revised Fees: The fees shall be effective sixty (60) days after the adoption of this Resolution; provided, however, that, upon enactment of this Resolution, any person may pay the revised fees instead of the current fees. Section 7. Severability: Each component of the fees and all portions of this Resolution are severable. Should any individual component of the fee or other provision of this Resolution be adjudged to be invalid and unenforceable, the remaining provisions shall be and continue to be fully effective, and the fee shall be fully effective except as to that portion that has been judged to be invalid. Section 8. Exemption from California Environmental Quality Act (CEQA): The City Council finds that CEQA does not apply to the adoption of this Resolution, pursuant to Sections 15061 and 15273 of the State CEQA Guidelines because: G. The fees established by this Resolution will be collected for the purposes of meeting operational expenses and maintaining service to those that request it; and H. Because the fees authorized by this Resolution will be collected at the application stage of the project, CEQA review will take place during the processing of the project. Therefore, it can be seen with certainty that the adoption of this Resolution 20849 Page 5 Resolution establishing processing fees will not have a significant effect on the environment. ' Section 9. Statute of Limitations: Any judicial action or proceeding to attack, review, set aside, void, or annul the fees established by this Resolution, or the Resolution itself, shall be commenced within one hundred twenty (120) days of the passage of this Resolution. Any action to attack an adjustment adopted pursuant to Sections 2 or 5 shall be commenced within one hundred twenty (120) days of the adjustment. ADOPTED this 171h day of March, 2004 AYES: Members Foat, McCulloch and Pougnet NOES: Mayor Oden ABSENT: Member Mills ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager REVIEWED AND APPROVED AS TO FORM Table I. City of Palm Springs, Department of Planning and zoning lerviGelAppliGaution Current Fee Recommended Fee (Administrative Minor Modifications _ $350 $460 Adult Oriented Business Permits U50 $1,660 Annexation to Palm Springs(propsd) $0 cost Antenna Permits .. - Homeowner $60 $60 Commercial $106 $360 Appeals of P.C.Decision $265 $450 Architectural Approval Minor AA-Staff $105 $210 Minor AA-PC $_210 $500 Minor AA-reroof/repaint $15 $30 Major AA-50%to5 AC $1,050 $1,500 Major AA-over 5 AG $1,260 $3,660 Major AA SFD-hillside _ $790 $2.780 Major AA SFD-non hillside $790) $1,520 Certification-PC or Historic $251 $40 Change of Zone $1,5751 $5,46D Codes,Covenants&Restrictions •$265+ally cost $570 Conditional Use Permit - New Const-Type I,to 5 AC $1,575 $4,700 New Const-Type I,over 5 AC $1,575 $5,620 New Const-Type 11.to 5 AC $1,575 $6,390 New Canal-Type 11,over 5 AC $1,575 $6,520 Temporary Structures $:525 $760 Existing Buildings-Type 1 $790 $1,500 Planning Comm.Determinations '1;265 $540 Development Agreements $5,000+2lty cost $6,240+ ady cost Environmental Documents - ,. � '; t I Categorical Exemption(pooped) $0 $170 Negative Decl.IMinor Project $790 $1,5o0I Negative Decl./EA-to 5 AC $790 $3,950 Negative Decl./EA-over 5 AC $790 $5,470 EIR or Major Study 12%of consult cost 12%or consult cost Mitigation Monitoring(ampsd) $0 deposit Garage Sale Permits $15 $15 General Plan Amendment I $1,575' $5,770 General Plan&Zoning Letter $85 $360 General Plan Malnt Surcharge $0 $,611$1,000 new cons[. In-Lieu Parking Agreements $315 $490 Final Landscape/Ext.Lighting(new) $0 $480 Land Use Permits $420 $580 Lot Line Adjustmentl Cart of Compl. . . : - Staff Approval $265 $790 City Council Approval $420 $1,000 Notification Charges' ..,. Regular $55+$1/pcl+misc. $55 $11pcl+$276.25 adv Fast Track(propsd) $55+$1lpcl+misc $55+$1/pcl+$560.60 adv Review of Building Plans-Commercial .- $200k valuation project $150 $800 deposit $1 Mill valuation project $590 $BOO deposit $2 MIII valuation project $940 $800 deposit $4 Mill valuation project $1,590 $800 deposit Review of Building Plans-SFD 1.200-2,000 sgft $300 2,001-6,4.000 so It44 000 s it Based on Project Valuation $$380 ,00 - 0 over 6,000 so it $640- Planned Development District Applieatlon Fee-under 5 AC $1,575 $3,610 Table I. City of Palm Springs, Department of Planning and Zoning , Service/Application Current Fee Recommended Fee Application Fee-over 5 AC $1,575 $7,210 Amended/Revised PDD $790 $940 Final PDD-to 5 AC $0 $1,91D Final PDD-over 5 AC $0 $3,000 Use/Standards Amendment $265 $450 Planning Commission Subscriptions - - AgendaOnly-(annual fee) $62.50 $5250 Agenda+Minutes-(annual fee) $11550 $11550 RV Parking Permit $80 $460 Re-inspections for Final Approval $105 $110 Resolution/Certification $20 480 Resolution of ABC $420 $740 Searchlight Permits $19D $140 Sign Permits . - _ i *- Return of unpermllted sign $15 $40 Review and Approval , ,1 .,, By Planning Commission Pgm $210 $250 By Staff $115 10%,$115 max. Temporary Signs __ $25 $25 Sign Variance $420+$110 sign port $8n0 Specific Plan $3k-$10k deposit Specific Plan Amendment $0 deposit+Min Street Name Change $340 $1,400 Subdivision Maps F'iaal-TrasEMape, $475+455tlot delete Final-PaFeel-Maps $475'45594 delete Petition for Reversion to Acreage $210 r $810 Revised Maps -.-I. Minor $210+50%of map fee $810 Major $210+60%of map fee $1,220 Tentative Subdivision Maps` $1,575 $8,150 Tentative Vesting Subdivision Maps $790 _ $9,02D Tentative Parcel Maps $1,059 $6,370 Parcel Map Waiver(propsd) $0 $640 Technical Study Review $56/hr $12D Technology Surcharge $0 $,75/$1.000 new const. Time Extensions $265 $740 Variance $560 $1,000 Zoning/Code Compl. rop,&Letter $1401 $380 f) Advertising casts based on 118 and 114 page ads In The Desert Sun. Fast track pro/acts typically require a 114 page ad. 2)Tentative Subdivision Maps processed concurrent with PDP or CUP will receive a 50%discount due to redundancy of tasks. Sourc=City of Palm Springs;MuniFlnancial. 1 Table Il. City of Palm Springs, Engineering Fee Summary Service Current Fee Recommended Fee Adminlstration Fee(microfilm) $15 $191 Construction Permits Minor(driveway,dumpster,etc.) $50 $60 •.$1-$2,000 valuation $50 $295 $2,001-$50,000 valuation $50+2.5%>$2k $350+2.5%>$2k $50,0014200,000 Valuation $1,250+2%>$50k $1,650+2%>$5Dk $200,001+valuation $4,250+1.5%>$200k $3.770F1.5%1$200k Penalty Fee $200/offense $200loffense Survey Inspection $80/hour $140/hour Covenant Preparation Fee $50/covenant $135/covenant Encroachments . Agreement $75/agreement $1901agreement License $150/agreement $460/agreement Engineering Special Purpose Fees Miscellaneous Inspections $50/1hour $79/Itour Insp./Staff time off business hours $75/hour _ $118/hour Remsp.Call(2nd&subsequent) $50/hour $79/hour Flood Ins Rate Map Determination Fee - 1 In One Flood Zone no charge delete In Multiple Zones $15/determination delete Grading Plan Check less than 15,000 sr $600/sheet $770 15,000 sf-4 acres $912.50/sheet $1,290 4+acres $1,605/sheet $2,360 Improvement Plan Checks' Street Plans WD0/sheet $770I sheet 4th resubmittal $300/sheet $320/sheet Sewer Plans $500/511eet $670/sheet 4th resubmittal $250/sheet $27D/sheet Storm Drain Plans $60sheel $770/sheet 4th resubmittal $300/sheet $320/sheet Water Plans $15/sheet $60/sheet 4th resubmittal $7/sheet $20/sheet Signing&Striping Plans $500/sheet $690/sheet 4th resubmittal $250/sheet $280/sheet Traffic Slg./Llghting Plans $bug/sheet $770/sheet 4th resubmittal $300/sheet $320/sheet Professional Report/Plans Consular(coal,+ , Staff review' _ $60/1hour $141/hour Reprographic Services - Set up Fee $5 $6 Blueprinting Aerials $25 $6 Additional copy $3 $6 Maps $4 to$5 $6 Plans $3 $6 1 Table II. City of Palm Springs, Engineering Fee Summary ' Service Current Fee Recommended Fee Photocopies Xerox 2510 Engineering Copier $31page $0,101page Standard copier $0.101page $0 101page Subdivision Map Check Final Parcel Map $700,50Isheet $9001 sheet Final Tract Map $912 501sheat $11101 sheet Lot Line Adl or Carl of Compliance see planning see planning_ Street Vacation _ $500 $780 Table III. City of Palm Springs, Building Fee Summary Service Current Fee Recommended Fee B&S Manager $91 Bldg Inspect Supervisor $82 ADA Coordinator $ 1 ' Admin Secretary $51 Comm Presew Cccrd si l l Senior Building Insp $100 Sr Permit Center Tech $61 Build Inspector $76.30 $88 Plans Examiner $6375 $94 Comm Presew Officer $88 Permit Center Tech $53 Secretary $36 _ Relontion Specialist $26 _ Footnotes: 1)These plans may be"fast tracked". Such plans will be processed either by city staff on overtime duty,or by contract plan checkers. Due to this additional cost,applicants will be charged 1.5 times the normal amount for"fast track"service.