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HomeMy WebLinkAboutResolution 2007-193 N.C.S. 11/05/2007 Resolution No. 2007-193 N.C.S. of the City of .Petaluma, California ESTABLISHING A SCHEDULE OF FEES AND CHARGES FOR BUILDING PERMITS AND OTHER SERVICES OF THE BUILDING DIVISION OF THE COMMUNITI' DEVELOPMENT DEPARTMENT 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 California Building Standards Code, 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. 2002-133 N.C.S. on August 5, 2002; and, WHEREAS, in 2005, the Community Development Department engaged Revenue and Cost Specialists, LLC, to analyze whether the existing building plan check fee serves 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 "Development Services Fund Analysis for the City of Petaluma, Fiscal Year 2005-2006" dated October 18, 2005, ("Cost Report"), which applicable portion of the 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 plan check services; and, WHEREAS, the Cost Report recommends revising the existing building plan check fee previously established by the City to recover the full, lawfully-recoverable cost 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 *!o. 2007-193 N.C.S. Page 1 WHEREAS, the City Council of the City of Petaluma will adopt new building codes to become effective January 1, 2008, and said codes, developed by the International Code Council and adopted for statewide use by the State of California Building Standards Commission, require changes to the schedule of fees and charges for building permits. and related building services in order to conform to new occupancy classifications established thereby; and, 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, based on valuation factors specific to each region of the state and related costs of construction as provided by the International Code Council, 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, based on valuation factors established by the International Code Council in the preparation of the California Building Standards Code and adjusted for specific regional cost factors, 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, WHEREAS, 14 days prior to the public hearing at which the resolution was adopted, the City mailed notice of the date and time of the public hearing to all interested parties who had filed written request with the City for mailed notice of any meeting at which increased fees or charges will be considered; and FINDINGS WHEREAS, the City Council of the City of Petaluma finds as follows: Resolution No. 2007-193 N.C.S. Page 2 A. The purpose of the fees and charges set forth in Section 4 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 are not levied for general revenue purposes. B. Modifications to the schedule of fees and charges are necessary to comply with new occupancy classifications established by the 2007 Edition of the California Building Standards Code, California Code of Regulations Title 24, Parts 1, 2, 3, 4, 5, 6, 8, 10 and 12 and Amendments Thereto .Based on Local Climatic, Geological and Topographic Conditions adopted by the City of Petaluma and effective January 1, 2008. C. After consideration of the applicable section of the Cost Report relative to building plan check fees, 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 recommendation of the Cost Report as it pertains to building plan check .fees. D. After consideration of the supporting data from the International Code Council relative to regionally adjusted building valuation. data (attached hereto as Exhibit "A"), the testimony received at this noticed public hearing, the agenda report, and all correspondence received (together, "Record"), the City Council of the City of Petaluma approves and adopts the schedule of building fees as set forth in Section 3 of this Resolution. E. 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 building permit 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 building permit 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). F. 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. ADOPTION OF FEES N®W, THEREFORE, the City Council of the City of Petaluma does resolve as follows: Section 1. Adoption of Findings. The above stated findings are true and correct and are adopted as the findings of the City Council. Section 2. 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, and to be collected by the City's Community Development Department for the herein listed special services when provided by the Community Development Department or its designated contractors. Section 3. 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. Resolution No. 2007-193 N.C.S. Page 3 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. Staffs hourly rate shall be fully burdened and be determined by regular work rates established by the City of Petaluma Director of Administrative Services for the given fiscal year(s) in which the application is processed. Section 4. Special Service Fees. A. The following fees shall be charged and collected for the following enumerated services: Buildin Per-mt Fees Fee~;ist, mailable $1 to 500 Buildin Valuation. $54.00 $54.00 for the first $500, plus $3.09 for $501 to 2,000 each additional $100 or faction thereof, to and includin $2,000 $100.35 for the first $2,000 plus $20.39 for $2,001 to 25,000 each additional $1,000 or fraction thereof, to and includin $25,000 $569.32 for the first $25,000 plus $14.71 $25,001 to 50,000 for each additional $1000 or fraction thereof, to and includin $50,000 $937.07 for the first $50,000 plus $10.19for $50,001 to 100,000 each additional $1,000 or fraction thereof, to and includin $100,000 $1,446.57 for the first $100,000 plus $8.16 $100,001 to 500,000 for each addition $1,000 or fraction thereof to and includin $500,000 $4,710.57 for the first $500,000 plus $6.92 $500,001 to 1,000,000 for each additional $1,000 or fraction thereof, to and includin $1,000,000 $8,170.57 for the first $1,000,000 plus $1,000,001 and up $4.57 for each additional $1,000 or fraction thereof P,1'an Checks: - Communit Develo ment Buildin Division 100% of Buildin ermit fee Civil/En ineerin 15% of Buildin ermit fee Fire-New Commercial $350 or 25% of building permit fee, whichever is reater Fire-New Residential $250 or 25% of building permit fee, whichever is reater Resolution No. 2007-193 N.C.S. Page 4 Plan, Checks, continued: Fire-New Tenant Improvements $150 or 25% of building permit fee, whichever is reater Incremen_ tat: .0061 x Buildin valuation Stroh 1VI'otiori;Instrumeritatiori Fee or°CSIF%CSIFO; Residential .00007 x Buildin valuation Commercial .00015 x Buildin valuation Ener , 20% of Buildin ermit fee 1Vlcrofilm: 8 %2 x 11 $2.50 for the first 12 sheets, $.20 there after Lar e Plans $8.50 for the first 8 sheets, $1.00 there after Seismic Ma in ~b State:: Residential .00003 x Buildin valuation Commercial .00006 x Buildin valuation Electrical Permit Fees: Minimum ermit fee $54 Multi-famil .035 er s ware foot Sin le famil Dwellin and Du lex .047 er s uare foot Addition or Alteration 20% of buildin ermit fee Commercial Buildin 25% of buildin ermit fee Shell Buildin 5% of buildin ermit fee Pool $49.50 S a $49.50 Tenant Im rovements 20% of buildin ermit fee Mechanical Permit Fees: Minimum ermit fee $54 Residential. .023 er s uare foot Addition or Alterations 15% of Buildin ermit fee Commercial 15% of Buildin ermit fee Pool $40 Shell Buildin 5% of Buildin ermit fee Tenant Im rovements 10% of Buildin ermit fee Plumbiri . Permit'Fees: _ Minimum ermit fee $54 Residential .059 er s uare foot Addition or Alterations 20% of Buildin ermit fee Commercial 20% of Buildin ermit fee Pool-Private $60.75 Pool-Public $90.25 S a-Private $30.25 S a-Public $60.75 Shell Buildin 5% of Buildin ermit fee Tenant Im rovements 15% of Buildin ermit fee Resolution No. 2007-193 N.C.S. Page 5 Gr"adin ,Permit Fees: 50 Cubic ds(38.2 m3) or less No ermit re uired 51 to 100 cubic ds (40 to 76.5 m3) $56.37 101 to 1,000 Cubic ds (77.2 to 764.6 m3) $78.00 1,001 to 10,000 Cubic ds (765.3 to 7645.5 m3) $112.76 $112.76 for the first 10,000 cubic yds 10.001 to 100,000 Cubic yds (7646.3 to 76455 m3) (7645.5 m3), plus $40.13 for each additional 10,000 cubic yds (7645.5 m3) or fraction thereof $473.92 for the first 100,000 cubic yds 100,001 to 200,000 cubic yds (76456 to 152911 (76455 m3), plus $23.19 for each additional m3) $10,000 cubic yds (7645.Sm3) or fraction thereof $705.83 for the first 200,000 cubic yds 200,001 cubic yds (152912 m3) or more (152911 m3), plus $15.08 for each additional 10,000 cubic yds (7545.5 m3) or fraction thereof _ . Gradin .:Plan C;heck~ Fees:; 50 Cubic ds (38.2m3 or less No ermit re uired 51 to 100 Cubic yds (40 to 76.5 m3) $87.17 $87.17 for the first 100 cubic yds, plus 101 to 1,000 Cubic yds (77.2 to 764.6 m3) $27.94 for each additional 100 cubic yards or fraction thereof $338.63 for the first 1,000 cubic yds, plus 1,001 to 10,000 Cubic yds (765.3 to 7645.5 m3) $22.45 for each additional 1,000 cubic yrds or fraction thereof $540.68 for the first 10,00 cubic yds 10,001 to 100,000 Cubic yds (7646.3 to 76455 m3) (7645.5 m3), plus $102.94 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof $1,467.14 for the first 100,000 cubic yds 100,001 Cubic yds (76456m3) or more (76455 m3), plus $57.50 for each additional 10,000 cubic yds (7645.5 m3) or fraction thereof _ _ ..w d - ~R'ed Ta"~Construct~on, Witlout:`Permit~'V><olaton~Fee ; , , _ 500% of Buildin Permit Fee O'tler~ In"s ectons and Fees::. _ , . ; , _ _ Inspection outside .normal business hours $86.36 per hour -Minimum 2 hours - $172.72 Re-ins ection fee $63.02 er hour -Minimum 1 hour Inspections for which no fee is specifically indicated $63.02 per hour Permit Renewal 2-hour life/safet ins ection $172.72 Additional Plan Check fee -review of revisions to $80.23 per hour - 1 hour minimum a roved lans and resubmittal fora royal 3r Part Buildin Plan Check fee 75% of base buildin ermit fee Peer Review Buildin Plan Check fee 75% of base buildin ermit fee Resolution No. 2007-193 N.C.S. Page 6 Other Ins ecfons °and Fees; con"trued: Substandard Housin Investi ation Fee $126.04 er hour -Minimum 2 hours Buildin Com liance ins ection $126.04 er hour -Minimum 2 hours Buildin. Site Review $126.04 er hour Property Report (Resale Inspection) $189.06 ($63.02 per hour or fraction thereof, 3 hour minimum Alternate Materials and Methods Review $80.23 er hour, 2 hour minimum - $160.46 Additional staff time subsequent to completion & $55.33 per hour for Code Enforcement recordation of notice and order required by the Officers International Property Maintenance Code $29.73 per hour for Code Enforcement Clerical Tem ora Utilit Permits (Electrical and Gas) $88.00 Demolition permit Based on job valuation plus $54.00 for each lumbin ,electrical and mechanical Swimming pools Based on pool valuation plus $54.00 for each lumbin ,electrical and mechanical Fee for Credit Card Transactions 2.5% of total ermit cost B. For the purpose of calculating applicable fees, building valuation shall be based upon the data provided by the International Code Council and attached hereto Exhibit A, which is hereby incorporated by reference. Section 5. 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 6. 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 7. 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 8. 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 9. 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 Resolution No. 2007-193 N.C.S. Page 7 City Council which previously established or adopted fees and charges corresponding to those established herein are hereby repealed to the extent they conflict with the contents of this resolution. Section 10. Severability. The individual fees and charges set forth in Section 4 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 4 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 a o Council of the City of Petaluma at a Regular meeting on the 5`h day of November, form- 2007, by the following vote: City Attorney AYES: Barrett, Freitas, Vice Mayor Nau, O'Brien, Rabbitt, Mayor Torliatt NOES: None ABSENT: Harris ABSTAIN: None ATTEST: City Clerk M or Resolution No. 2007-193 N.C.S. Page 8 Exhibit "A" Square Foot Construction Costs a'b'`'d Group Tvpe of Construction IA IB IIA IIB IIIA IIIB IV VA VB A - 1 Assembly, theaters, with stage 190.99 184.82 180.21 172.74 160.21 159.43 167.13 148.15 142.63 Assembly, theaters, without stage 176.23 170.05 165.44 157.97 145.44 144.66 152.37 133.39 127.86 A-2 Assembly, nightclubs 147.1 142.97 139.34 133.91 124.28 124.03 129.21 114.3 110.46 A-2 Assembly, restaurants, bars, banquet halls 146.1 141.97 137.34 132.91 122.28 123.03 128.21 112.3 109.46 A-3 Assembly, churches 176.78 170.61 165.99 158.53 145.96 145.18 152.92 133.9 128.38 A-3 Assembly, general, community halls, libraries, museums 120.51 144.34 138.73 132.26 118.68 118.9 126.65 106.63 102.1 A-4 Assembly, arenas 175.23 169.05 163.44 156.97 143.44 143.66 151.37 131.39 126.86 B Business 152.75 147.34 142.69 136.02 121.77 120.96 130.77 108.8 104.41 E Educational 162.06 156.56 152.07 145.29 134.07 130.89 140.53 119.73 115.17 F-1 Factory and industrial, moderate hazard 90.96 86.79 82.13 79.44 68.74 69.66 76.24 58.56 55.46 F-2 Factory and industrial, low hazard 89.96 85.79 82.13 78.44 68.74 68.66 75.24 58.56 54.46 H-1 High Hazard, explosives 85.25 81.08 77.42 73.73 64.21 64.13 70.53 54.03 N.P. H234 High Hazard 85.25 81.08 77.42 73.73 64.21 64.13 70.53 54.03 49.93 H-5 HPM 152.75 147.34 142.69 136.02 121.77 120.96 130.77 108.8 104.41 I-1 Institutional, supervised environment 150.33 145.2 141.34 135.63 124.49 124.44 134.7 114.51 109.96 -2 Institutional, hospitals 253.93 248.52 243.87 237.2 222.34 N.P. 231.95 209.39 N.P.. I-2 Institutional, nursing homes 177.55 172.14 167.49 160.82 147 N.P. 155.58 134.05 N.P. I-3 Institutional, restrained 173.39 167.98 163.32 156.66 143.67 141.88 151.41 130.72 124.33 -4 Institutional, day care facilities 150.33 145.2 141.34 135.63 124.49 124.44 134.7 114.51 109.96 M Mercantile 109.31 105.19 100.56 96.13 86.08 86.83 91.43 76.1 73.26 Group Tvpe of Construction IA IB IIA IIB IIIA IIIB IV VA VB R-1 Residential, hotels 150.84 145.71 141.85 136.14 125.1 125.05 135.31 115.12 110.57 Resolution No. 2007-193 N.C.S. Page 9 R-2 Residential, multiple family 150.74 126.67 122.44 102.89 122.44 102.89 102.89 113.19 95.12 R-3 Residential, one- and two-family N/A N/A N/A 189.94 181.12 133.76 127.55 127.55 107.18 R-4 Residential, care/assisted living facilities 150.33 145.2 141.34 135.63 124.49 124.44 134.7 114.51 109.96 S-1 Storage, moderate hazard 84.25 80.08 75.42 72.73 62.21 63.13 69.53 52.03 48.93 S-2 Storage, low hazard 83.25 79.08 75.42 71.73 62.21 62.13 68.53 52.03 47.93 U Utility, miscellaneous 64.3 60.8 57.19 54.31 47.22 47.22 50.7 38.76 36.91 a Private garages, use Utility, miscellaneous b Unfinished basements (all use group) _ $15.00/foot c for shell only buildings, deduct 20% d N.P. =not permitted Resolution No. 2007-193 N.C.S. Page 10