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HomeMy WebLinkAboutResolution 2002-133 N.C.S. 08/05/2002Resolution No. 2002-133 N.C.S.. of the City of Petaluma, California A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA ES'T'ABLISHING A SCHEDULE OF FEES AND CHARGES FOR BUILDING PERMITS AND OTHER BUILDING DEPARMENT SERVICES WHEREAS, the City Council of the City of Petaluma ("City") has previously established fees and charges for City services, with the intent of recovering the City's actual and reasonable costs to provide such services; and, WHEREAS, Section 17.04.010 of the Petaluma Municipal Code adopts the Uniform and California Building Codes, which authorize the imposition of fees for building permits and other Building Division services; and, WHEREAS, the City Council last updated the fees for building permits and other Building Division services by the adoption of Resolution No. 99-08 N.C.S. on January 4, 1999; and, WHEREAS, the City engaged Revenue and Cost Specialists, LLC, to analyze whether the existing fees and charges serve to recover the City's full costs of providing such services to the extent the City may lawfully recover such costs; and, WHEREAS, Revenue and Cost Specialists, LLC have prepared a report entitled "Cost of Services Study for the City of Petaluma" dated January 12, 2002 ("Cost Report"), which report is incorporated by reference as though fully set forth herein; and, WHEREAS, the Cost Report identifies the actual costs that the City incurs in providing certain City services, including Building Division services; and, WHEREAS, the Cost Report recommends revising many of the existing fees and charges previously established by the City to recover the full, lawfully-recoverable costs incurred by the City in providing City services, including those of the Building Division; and, WHEREAS, in accordance with Government Code Section 50076, fees that do not exceed the reasonable cost of providing the service or regulatory activity for which the fees are charged and which are not levied for general revenue purposes are not special taxes as defined in Article 3.5 of the Government Code; and, WHEREAS, in accordance with Government Code Section 66014, local agency fees for building inspections and building permits shall not exceed the estimated reasonable cost of providing the service for which the fee is charged; and, Resolution No. 2002-133 N.C.S. WHEREAS, in accordance with Health and Safety Code Section 17951, city governing bodies may prescribe fees for permits, certificates or other documents required or authorized concerning implementation and enforcement of the California Building Standards Code, and such fees shall not exceed the amount reasonably required to administer or process those permits, certificates or other forms or documents, and shall not be levied for general revenue purposes; and, WHEREAS, in accordance with Health and Safety Code Section 19132.3, city governing bodies may adopt fees for filing building permit applications, and such fees shall not exceed the amount reasonably required for the local enforcement agency to issue such permits, and shall not be levied for general revenue purposes; and, WHEREAS, in accordance with Health and Safety Code Section 19852, city governing bodies may prescribe such fees as will pay the expenses incurred by the Building Division in maintaining the official copy of the plans of buildings for which building permits have been issued, but such fees shall not exceed the amount reasonably required in maintaining the official copy of the plans for which building permits have been issued; and, WHEREAS, fees adopted pursuant to Government Code Sections 66014, 65104, 65456, 65909.5, and 66451.2, and Health and Safety Code Sections 17951, 19132.3, and 19852, are to be imposed pursuant to Section 66016 of the Government Code, which imposes certain procedural requirements; and, WHEREAS, in accordance with the Government Code 66016, the Cost Report was available for public review and comment for ten days prior to the public hearing at which this Resolution was adopted; and, WHEREAS, 10 days advance notice of the public hearing at which this Resolution was adopted was given by publication in accordance with Section 6062a of the Government Code; and, FINDINGS WHEREAS, the City Council of the City of Petaluma finds as follows: A. The purpose of the fees and charges set forth in Section 3 of this Resolution is to recover up to the full, lawfully recoverable costs incurred by the City in providing various City services, and such fees and charges not levied for general revenue purposes. B. After consideration of the Cost Report, the testimony received at this noticed public hearing, the agenda report, the background documents to the agenda report, and all correspondence received (together, "Record"), the City Council of the City of Petaluma approves and adopts the Cost Report. Resolution No. 2002-133 N.C.S. Page 2 C. Adoption of the fees and charges .set forth in this Resolution is intended to recover costs necessary to maintain such services within the City. The City currently provides development related services to project applicants, and the fees set forth in this Resolution will be used to maintain current service levels. As such, such fees as they relate to provision of development. related services within the City are not a "project" within the meaning of the California Environmental Quality Act or C.E.Q.A. (Public Resources Code § 21080(b)(8)(D)). D. In adopting the fees set forth in this Resolution, the City Council. of the City of Petaluma is exercising its powers under Article XI, Section 5 of the California Constitution. E. The Record establishes that the costs listed in the Cost Report as those incurred by the City in providing City services are reasonable estimates. of the cost of providing such services, and that the revisions recommended in the Cost Report to existing fees for such services are necessary to recover the reasonable, estimated cost of providing such services in accordance with the analyses contained in the Cost Report. ADOPTION OF FEES NOW, T>FIEREFORE, the City Council of the City of .Petaluma does resolve as follows: Section 1. Fee Schedule Adoption. The following schedule of fees and charges set forth in Section 3 of this Resolution are hereby directed to be computed by and applied by the applicable City departments, and to be collected by the City Finance Department for the herein listed special services when provided by the City or its designated contractors. Section 2. Separate Fee for Each Process. All fees set by this resolution are for each identified process; additional fees shall be required for each additional process or service that is requested or required. Where fees are indicated on a per-unit of measurement basis, the fee is for each identified unit or portion thereof within the indicated ranges of such units. A. Added Fees and Refunds. Where additional fees need to be charged and collected for completed staff work, or where a refund of excess deposited monies is due, and where such charge or refund is ten dollars ($10.00) or less, a charge or refund need not be made, pursuant to California Government Code Sections 29373.1 and 29375.1 and amendments thereto. B. Deposits Plus Staff Time and Materials. In addition to an initial deposit calculated to pay the fees determined to be applicable at the time an .application is submitted, applicants will be billed for the full cost of processing the application based on staff time and materials over and above the amount of the deposit. Staff's hourly rate shall Resolution No. 2002-133 N.C.S. Page 3 be fully burdened and be determined by regular work rates established by the City of Petaluma Finance Director for the given fiscal year(s) in which the application is processed. For applications requesting multiple entitlements, the deposit shall be the sum of the individual amounts. The Community Development Director shall have the authority to modify or waive staff time and material costs when circumstances warrant. C. Flat Fee Applications. Applications for services listed in Section 3 for which a flat fee is charged shall not incur additional charges for staff time and materials. D. Full Cost. Recovery Applications. Applications for services listed in Section 3 for which a flat fee is not' charged shall be subject to the requirement that the applicant pay a deposit and any staff time and required materials in excess of the deposit. Section 3. Special Service Fees. A. The following fees shall be charged and collected for the following enumerated services: Building Permit Fees. $1 to $500 Building Valuation $40.00 $501 to $2,000 Building $40.00 for the first $5.00, plus $3.05 for each additional Valuation $100 or fraction thereof, to an including $2,000 $2,001 to $25,000 Building $69.25 for the first $2,000 plus $14 for each additional Valuation $1,000 or fraction thereof, to an including $25.,000 $391.75 for the first $25,000 plus $10.10 for each $25,001 to $50,000 additional $1,000 or fraction thereof, to and including $50,000 000 Building 001 to 100 $50 $643.75 for the first $50,000 plus $7.00 for each , , additional $1,000 or fraction thereof, to an including Valuation $100,000 000 Building 001 to $500 $100 $993.75 for the first $100,000 plus $5.60 for each , , ,000 or fraction thereof, to and including additional $1 Valuation . $500,000 000 Building 001 to $1 000 $500 $3,233.75 for the first $500,000 plus $4.75 for each , , , Valuation additional $1,000 or fraction thereof, to and including $1,000,000 $5,608.75 for the first $1,000,000 plus $3.65 for each $1.,000,001 and up additional $1,000 Other Inspections: ~ ~ ~,_ Inspections outside of normal Hourly rate to be based on the annual work order rate business hours calculated by the Finance Department -Minimum of 2 hours billed Resolution No. 2002-133 N.C.S. Page 4 ®ther Inspections (continued): Hourly rate to be based on the annual work order rate Reinspection Fee calculated by the Finance Department -Minimum 1 hour billed Additional plan review required Hourly rate to be based on the annual work order rate by changes, additions or calculated by the Finance Department -Minimum t/z hour revisions to approved plans billed Temporary Utility Permits $64.00 (Electrical and Gas) Based on job valuation (building permit applies) plus Demolition Permit $40.00 for each plumbing and or electrical cap Based on pool valuation (building permit fee applies) plus Swimming Pools $40.00 for each plumbing, electrical and mechanical Substandard Housing Hourly rate to be based on annual work order rate Investigation Fee calculated by the Finance Department -Minimum 2 hours billed Hourly rate to be based on annual work order rate Building Compliance Inspection calculated by the Finance Department -Minimum 2 hours billed Electi~ical Permit Fees: Minimum Permit Fee $40.00 Multi-family $0.35 per square foot Single Family Dwelling and $0.47 per square foot Du lex Addition or Alteration 20% of building permit fee Commercial Building 25% of building permit fee Shell Building 5% of building permit fee Tenant Improvements 20% of building permit fee All Other Types of Occupancies Use Table 3-B of the Uniform Administrative Code and Alterations . ,_ Mechanical I'ertnit Fees: Minimum Permit Fee $40.00 Residential $0.23 per square foot Addition or alterations 15% of building permit fee Commercial 15% of building permit fee Shell Building 5% of building permit fee Tenant Improvements 10% of building permit fee All Other Types of Occupancies Use Table 3-C of the Uniform Administrative Code and Alterations Resolution No. 2002-133 N.C.S. Page 5 Plumbing PernlitF'ees: Minimum Permit Fee $40.00 Residential $0.59 per square foot Addition or alterations 20% of building permit fee Commercial 20% of building permit fee Shell Building 5% of building permit fee Tenant Improvements 15% of building permit fee All Other Types of Occupancies and Alterations Use Table 3-D of the Uniform Administrative Code B. For the purpose of calculating applicable fees, building valuation shall be based upon the data attached hereto Exhibit A, which is hereby incorporated by reference. Section 4. Interpretations. This Resolution may be interpreted by the several City department heads in consultation with the City Manager, and should there be a conflict between two interpretations of the applicable fee amount, then the lower in dollar amount of the two shall be applied. Section 5. Use of Fees Revenue. The revenues raised by payment of the fees and charges established by this Resolution shall be used to fund the estimated reasonable cost of providing the services for which the fees are charged, and the revenues from such fees and charges shall not be used for general revenue purposes. Section 6. Subsequent Analysis and Revision of the Fees. The fees and charges set herein are adopted and implemented by the City Council in reliance on the Record identified above. The City may continue to conduct further study and analysis to determine whether the fees and charges for City services .should be revised. When additional information is available, the City Council may review the fees and charges to determine that the amounts do not exceed the estimated reasonable cost of providing the services -for which the fees and charges are charged. Section 7. Effective Date. This Resolution shall become effective immediately. In accordance with Government Code Section 66017, the fees and charges established herein shall be effective 60 days from the effective date of this Resolution. Section 8. Repealer. These fees and charges shall supersede the corresponding fees previously established and adopted by the City Council. All resolutions and other actions of the City Council in conflict with the contents of this Resolution are hereby repealed. Resolution No. 2002-133 N.C.S. Page 6 Section 9. Severability. The individual fees and charges set forth in Section. 3 of this Resolution and all portions of this Resolution are severable. Should any of the fees or charges or any portion of this Resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining fees, charges and/or Resolution portions shall be and continue in full force and effect, except as to those fees, charges, and/or Resolution portions that have been adjudged invalid. The City Council of the City of Petaluma hereby declares that it would have adopted each of the fees and charges set forth in Section 3 of this Resolution, and. this Resolution and each section, subsection, clause, sentence, phrase and other portion thereof, irrespective of the fact that one or more of the fees; charges, or sections, subsections, clauses, sentences, phrases or other portions of this Resolution may be held invalid or unconstitutional.. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (Adjourned) (Special meeting form on the ........5th........... day of ........August ................................... 20.~~, by the following vote: ••••••••• ••••• •••••• ••••• ity Attorney AYES: Cader-Thompson, Vice Mayor Healy, Maguire, Moynihan, O'Brien, Torliatt NOES: None ABSENT: Mayor Thompson ATTEST: .......... ..........:.............................................................. ........ ........ ~,.~...~I......,1............... ...................... City Clerk Mayor Council File ................................... Res. No....._.2002-.133........N.c.S. ' _ EXHIBIT A i~ At the request of numerous building ofFcials, Building Standards'" offers the following building valuation data representing average costs for most buildings.. Because ,residential buildings are the most common for :many cities, two .general classes are considered for these, one for "average" construction and the other for "good:" Adjustments should be made #or special architectural or structural features and the location of the project. Higher or lower unit costs may ofteh result. me ude arch tecturalf estructudrald, e~ectrcaly Wumbhe definition of "valuation" °in Section 223 of the 1997 Uniform Building Code`" and thus p ing and mechanical work, except as specifically listed below. The unit. costs also include the contractor's profit, which should not be omitted. The determination of plan check fees for projects reviewed by the International Conference of Building Officials will be based on valuation computed from these figures, which were established in Aril 2002. Cosbper Square Occupancy and Type Foot, Ave"rage 'Cast perSquare Occupancy and type Foot, Average Cost per Square Occupancy and'Type Foot, Average Cost per Square Occupancy and Type Foot,:Average 1. APARTMENT HOUSES Type I or II F.R.*.......... $88:70 7. DWELLINGSr Type V-Masonry........ $75.70 13. JAILS: Type I or II ER $159 10 20. RESTAURANTS: = H (Good) $109.20 (Good) $96.90 . .......... Type III-1-Hour ........ . . . 145.50 Type III- 1- our......... Type III-N : $97:40 94 10 Type V-Masonry (or Type III) ............. 72.40 Type V-Wood Frame.. (Good) $92 40 67.30 Type V-1-Hour......... . 109.10 ,...., ...:...,.. Type V-1-Hour.......... . 89.20 (Good) $88:70 . Basements- i4. LIBRARIES: Type V-fV.................. 85.70 Type V-Wood Frame.. 63.80 Semi-Flnistied ........ 20.10 Type I or II F.R ............ Type II-1-Hour .116.40 85 20 21. SCHOOLS: (Gootl) $82.00 (Good) $23.20 ........... Type II-N . 81 00 Type I dr II F.R............ 111.20 Type 1-Basement Garage 37.40 2 AUDITORIUMS Unfinished .............. (Good) $17 70 14.60 .................. Type III-1-Hour ......... . 90;00 Type II-1-Hour.......... Type III-1-Hour ......... 75.90 81 20 . : Type I or II F.R............ 104.80 . 8. FIRE STATIONS: Type III-N ................. Type V-1-Hour.......... 85.50 84.50 Type III-N .............,... Type V-1-Hour . . 78.10 76 10 Type II-1-Hour......:.,: Type II-N 75,90 71 80 Type I or II FR............ T II 1 r 114.40 TypeV-N .................. 81.00 ....... .. Type V-N..............,... . 72.60 .................. Type III-1-Hour......... . 79.80 ype - -Hou .......... Type 11-N .......: 75.30 71 00 15. MEDICAL OFFICES: 22. SERVICE STATIONS: Type III-N ................. TYPe V-1-Hour....... : 75.70 76 30 .......... Type 111-1-Hour ......... pe III-N T . 82:40 7 90 TYPe I or II F.R.*.......... Type 11-1-Hour .......... 119.50 92.20 Type II-N.................. Type III-1-Hour ......... 67.20 70.10 . . Type V-N .................. : 71.20 y ................. Type V-1-Hour.......... 8. 77.30 TYPe 11-N.................. TYPe III-1-Hour ......... 87.60 100 00 Type V-1-Hour.......... Canopies 59.70 28 0 3. BANKS: Type V-N .................. 73.30 TYPe III-N.:........ : . . 93 10 ................... . 0 Type I or II F. R:*.......... 148:10 9: HOMES FOR THE ELDERLY: ... ... Type V-1-Hour.... . 90 20 23. STORES: Type II-1-Hour.......... 109.10 Type I or II F.R............ 103.70 ...... Type V-N .............. . , 87 00 Type I or II F.R.*.......... 82.40 Type II-N .......:.......... Type III-1-Hour......... 105.60 120.40 Type II-1-Hour.......... Type lf-N ... '84.20 80 60 . .. 16: OFFICES**: * , Type II-1-Hour.......... Type II-N.................. 50.40 49.30 Type III-N.: .:............. 116.10 ............... Type III-1-Hour......... . g7,7p Type I or II FR........... Type 11-1-Hour 106,80 71 50 Type III-1-Hour......... 61.30 Type V-1-Hour,......... Type V-N .............. •~" 109,10 104.50 Type lll-N ................. Type V-1-Hour: 84.10 g4 7p .......... Type II-N.................. . 68.10 Type III-N................. Type V-1-Hour.....,.,,. 57.50 51.60 4. BOWLING ALLEYS: .......... Type V-N .................. , 81.80 Type 111-1-Hour......... Type III-N......... 77.20 73 80 Type V-N .................. 47.70 Type II-1-Hour.......... 51.00 10. HOSPITALS: ...... •• Type V-1-.Hour... . 72 30 24. THEATERS: Type II-N .................. 47.60 Type I or II ER.*.......... 163.20 ....... Type V-N...:........ . 68 10 TYPe I or II F.R............ '109.80 Type III-1-Hour......... Type III-N 55:50 '51 90 _ Type III-1,Hour......... o 135.10 ...... 17. PRIVATE GARAGES: . Type III-1-Hour......... Type III-N . 80.00 76 20 ................. Type V-1-Hour.......... . 37,40 Type V-1-H ur.......... 11. HOTELS AND MOTELS: 128.90 Wood Frame......:........ Masonry 24.30 27 40 ................ Type V-1-Hour........,. . 75.30 5. CHURCHES: Type I or II F.R.*.......... 101.00 ..................... Open Carports...... . 16 60 Type V-N.................. 71.20 Type I or II F.R............ Type II-1-Hdur.......... 99.20 74.50 Type III-1-Hour......... Type III-N ...... : : 87:50. 83:40 ...... 18. PUBLIC BUILDINGS: * . 25. WAREHOUSES***: Type I or II F.R............ 49.40 T pe II-N .................. 70.80 ...... .. . Type V-1-Hour.......... 76.20 Type I or II F.R. .......... Type II-1-Hour 123.40 100 00 Type II or V-1-Hour,,. 29.30. ype III-1-Hour......... Type III-N ... 81.00 77 40 Type V-N .................. 74'.70 .......... Type.ll-N.................. . 95.60 Type 11 gr V-N..,,....... Type III-1-Hour.:....... 27.50 33 20 .............. Type V-1-Hour........., . 75:70 12. INDUSTRIAL PLANTS: Type I or II ER .... 56 90 Type III-1-Hour ......... Type III-N 103.80 100 T e III-N ...............,. YP . 31.60 Type V-N .................. 71.20 ,. Type II-1=Hour ..... . 39.60 ................. Type V-1-Hour.... .20 95 00 EQUIPMENT 6. CONVALESCENT HOSPITALS: Type II-N .................. 36.40 ...... Type V-N............ . 91 60 AIR CONDITIONING: Type I or II F.R.*.......... 1:39.20 Type II-1-Hour.......... 96.60 Type III-1-Hour......... Type III-N 43.60 41 10 ...... 19. PUBLIC GARAGES: ~ . Commercial..........,. Residential.....,....... 4.20 3.50 Type III-1-Hour......... V T 99.00 ................. Tilt-up ........................ . 30.00 * Type I or 11 F.R........... 48,9p Type I or II Open Parking*36 70 SPRINKLER SYSTEMS,. 2.60 ype -1-Hour........., 93.30 Type V-1-Hour....:...., 41.10 Type II-N .............. .... . 28 00 ype V-N .................. 37.60 Type III-1=Hour......... . 37.00 Type III-N ..........:...... 32.90 Type V-1-Hour.......... 33.70 • •~~ ~•~ ,,..,.,.,,.. •~ ~~~~ ~~~~ ~~~ ~a~~~ ~~~~y uvei utter. --veauot cu percent ror snen-onry oungmgs: ***Deduct 11 percent for mini-warehouses. REGIONAL MODIFIERS The following modifiers are recommended for use in conjunction with the building vi3luatioh data. Additionally, certain local conditions may require further modifications. To use these modifiers, merely multiply the listed cost'per square fd"ot by the appropriate regional modifier. For example, to adjust the cost of a Type III One-hour hotel building of average construction for the Iowa area, select Regional Mddifii3r 0.80 and unit cost from valuation tlata, $87.50: 0.80 x 87.50 a $70,00(adjusted cost per square foot) Eastern U.S. Modifier Connecticut Eastern U.S. (cont.) Modifier Central U.S. {cont.)Modifier Western U.S. Modifier ........................ Delaware :........................... 1.00 .. 0.93 Pennsylvania Philadelphia.................... 1.05 Kansas............................... Kentucky 0,87 0 83 Alaska....................... ......... i 1.20 Distract of Columbia ..... 0:90 Other ............. .,...... 0.88 ............................ Louisiana............................ . 0 78 Ar zona.........................,...,. California 0.87 Florida ..... ......... .... Georgia 0:80 77 0 Rhode Island ..... .....: o n 0,97 Michigan ......................., . 0.91 Los Angeles.................... 1.00 .............:................ Maine ................................ . 0.86 S uth Caroli a,... ..,,.... Vermont.............:......... 0.77 0:88 Mihnesota ,......:................ Mississippi 0.91 0 7 San Francisco Bay Area... 1.16 Maryland ............................ 0.86 ...... Virginia:............................. 0:83 _........................ Missqun ......................... . 4 0.87 Other ............................. Colorado 0.97 0 92 assachusetts .................... New Hampshire 0.97 0 86 West Virginia....................... 0:91 Nebraska..:..:....................., .. 0.83 .......................... Hawaii.....................: .......... . 1.24 .................. New Jerse y ......................... . 1 03 North Dakota...................... Ohi 0.86 Idaho...................... ..... •••••• 0.87 New York . .Central U.S. Alabama ............:................ 0.76 o ..............................:. Oklahoma........................... 0.87 0.78 Montana ............................ Nevada 0.84 0 93 New York City .................. th y 1.20 'Arkansas ............................ 0.75 South Dakota ..................... 0.84 .............................. New Mexico........................ . 0.79 e ......................:...... North Carolina .............. .... 0.90 0 78 Illinois................................ 0.97 Tennessee .......................... Te a 0.79 Oregon........................... .... 0.94 .. . Indiana ........ ........ .............. 0.91 x s_................................. 0.77 Utah ................................ 0.84 Iowa ...........................:.... 0.87 Wisconsin........................... 0.92 1Nashing[on ........................ 0.97 Wyoming ............................ 0.84 buildingstandards March-April 2002 • 25