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Staff Report 4.B 12/19/2011
A. e'vtda'Iteni#4.3 w 1 Zsse DATE: December 19, 2011 TO: Honorable Mayor-arid Members of the City'Couiicil FROM`. John C. Brown,City Manager SUBJECT; Discussion regarding the;existing Cost Recovery system for development projects. RECOMMENDATION It iss recommended.that the City Council receive the following reportdegarding the City's cost recovery system for-development projects. BACKGROUND Authority for a full cost recovery system is provided by State Law in provisions which allow fees to be set in sufficient amounts to cover the costs of services provided, such as the Mitigation Fee Act,Government Code sections 16000 et seq. In the case of development entitlements, the "user of services" is the person applying for the benefits conferred by.the entitlements. In 2002 the City Council adopted a schedule of fees and charges which initiated a full cost recovery system for certain development applications. Resolution No 2002-114 N.C.S. specified,the City's intent to recover the City's actual and reasonable costs for specified services, in order to maintain such services within the City. This first introduction of full cost recovery was limited to major application;types such as variances, major conditional use permits, zoning amendments, general plan amendments, major site plan and architectural review, subdivisions, and annexation. Minor or administrative project types such as minor conditional use<permits, minor PUD amendments, minor site plan;and architectural review, and preliminary reviews remained as fixed fees. In 2004 the:City Council:adopted Resolution No 2004-028 N.C.S. reiterating the city's intent to recover up to the'full„lawfully recoverable costs incurred by the City in providing various services and to ensure such charges were not levied for general revenue purposes. Additionally, the Council found„in adopting the cost recovery system that the fees and charges set forth in the resolution were intended:to recover the costs necessary to maintaimplanning;services within the City. Resolution 2004-028Rincluded minor fee increases, butthe basic structure of larger projects being full cost recoveryand thinor/administrative projects'being flat fee based was maintained. Agenda Review. City Attorney Finance Director City Manager In 2008, the City Council adopted Resolution No.2008-152 N.C.S. establishing a new schedule of fees and charges for city services. This included-moving to a full cost recovery system for all planning applications, including both minor and major projects.. That change responded to the economic downturn, and was intended to make Cornrnunity Development Department functions self-supporting. As an.aside, General Plan 2025, Section 9.5, Fiscal Health, notes.the importance of maintaining pace with the costs of delivering'services indicating that, t for most California cities, "revenues have not kept up with the costs of services." This underscores the;needto fully recover the costs of services, where the direct benefits of such services are attributable to a specific user, such as an applicant for development approvals. The city's authority to collect cost recovery fees comes from its adoption of those fees by resolution, consistent with State law provisions governing this type of Due to significant budget constraints, the City's Community Development Department was abolished in 2009 and the City entered into a contract with Metropolitan Planning Group (M- Group) to provide contract planning services. The contract model allowed the City to maintain and expand planning services with a significant positive impact to the city's limited General Fund. As structured, project applicants pay for costs of services through the full cost recovery system started by the City in 2008. Any services which are not attributed to a specific project, such as staffing the planning counter and general zoning inquiries are considered base level services that are covered by M-Group at a current base cost to the City of approximately $75,000 per year. M-Group's contact was extended for iwo 1 years in July 2010. No modifications to the fee schedule were made when the extended contract was approved; although M-Group's hourly rates increased by about 5% as part of the negotiated contract, and this cost increase is passed on to applicants as an adjustment to=the hourly rates charged on time and materials matters. M- Group's hourly rates have not changed since that time. The City's service fees were last updated by Resolution 2010-206 in 2010 following a comprehensive fee analysis undertaken by Matrix Consulting Group. Only minor modifications were made to development-application fees, including increases-in Minor SPAR and Minor CUP deposits.to avoid additional deposit requests for"typical" applications. The flat fee for Home 'Occupation Permits was decreased from $165 to $97, in line with the other-flat fees. As a.result of the Matrix study, the City initiated a 9% City Administrative Overhead Fee on all application feesand deposits that replaced the 6%previously charged (1% records management fee and 5% technology fee). DISCUSSION This discussion regarding the cost recovery system arises from the recent Cowgirl Creamery Conditional Use Permit and subsequent appeal. Based on the issues raised during that process and concerns raised by members of the business community, City Council members requested an opportunity to review the larger cost recovery program. .2- All planning entitlements'are subject to full cost recovery; This includes both minor (administrative) and major applications and encompasses Conditional Use Permits, Site Plan and Architectural Review, Historic Site and Architectural Review, Subdivisions, Variances, Zoning and GeneralPlan Amendments, and environmental analysis. An application for one of these approvals is not considered complete without an executed Cost Recovery Agreement. The Cost Recovery Agreement is a"binding-legal document-which specifies`that the applicant will pay the City all reimbursable costs, direct and indirect, associated with the review and processing of the application. The Agreement states that the terms apply, even if the application is subsequently withdrawn or is not approved. This provision recognizes the costs incurred by the City (or its contractor) in processing an application exist and are appropriately charged to the applicant, rather than to the taxpayers, regardless of the outcome of a requested approval. Additionally, the Agreement includes an indemnification clause"obligating-theapplicant to pay all fees and costs, including the City's costs, to defend any legal action challenging a project entitlement. This requirement recognizes that it is not appropriate for the taxpayers to bear the cost of litigation, should the City need to defend itself as a consequence of suit brought against an action that directly benefits the applicant. (Litigation costs incurred by plaintiffs challenging approval or denial, whether the applicant or athird party, are paid by that plaintiff and not by the City, absent a statutory provision shifting costs, which would depend on thecourt'.s rulings in the matter.) When an application is submitted, an initial deposit is collected The processing time to review the application, refer the project to other departments, communicate with the applicant team, prepare noticing, work withconcerned community members, and prepare reports and presentations is all billed to the project specific cost recovery account. In addition to Planning, time spent by Public Works and the City Attorney's office is also billed to the cost recovery account. If the initial deposit is exhausted, the applicant then receives amonthly invoice with a request for an additional deposit to continue processing;the application. The invoice includes a summary of time spent and charges incurred on the account. Cost recovery charges for a project can range significantly based on the type of project, the complexity of review, the level of community interest or opposition, and type of environmental analysis required. Most minor CUP and Minor SPAR application are processed without the need for additional deposit requests. A typical Major SPAR application with`a CEQA exemption may run approximately $15,000, while a large regional shopping center with associated EIR may cost $300,000 or more. The intended operation of the cost recovery system since its inception in 2002 has been for development-to pay its own way without burden to the General Fund, and taxpayers. This system also appheslto the cost of appeals.. As early as 2002 the schedule of fees and charges for City services establishedkan:appeal fee with clarification that the cost of processing in excess of the initial deposit would be the responsibility of the applicant (not the appellant). The appeal fee was setat $170 in 2002,and,has'only increased to the $197 fee that is currently in place. Presumably, the appeal fee was set at this relatively low amount so as not to dissuade potential appellants from asserting their due process or equal access rights. Appeals are part of the cost recovery system because they would not occur but for the entitlements sought by the applicant. For aproject with a high level of public involvement, the cost of processing an appeal can be significant..Arising.from,the Cowgirl appeal, it has been suggested that the appeal fee should be 3 higher; to cover the cost of processing the.appeal, or that in the alternative, the loser in an appeal should bear the costs. The general reason that the City requires non-applicant appellants to pay a filing fee, but not'full cost recovery is that while applicants-have a.financial incentive to pursue their projects, third-party appellants are presumed to be asserting some community or public interest and de not necessarily receive direct financial benefit;from a decision. The benefit of the entitlements also flows to the applicant, and but for theTapplication, the use of City services involved in the entitlement and appeal process would not occur. From a due process and First Amendment perspective, the greater the cost obligations for a third- party appeal, the greater the risk is that the public's access and opportunity to be heard would be curtailed. Exhaustion of the City's administrative appeals process is required before certain types of litigation,such as CEQA challenges, can be filed in court. Therefore, making the appeal process for these types of cases unavailable to persons-lacking the necessary financial resources would also limit their access to the courts. Free access to the courts is an aspect of the First Amendment right of petition. Califoriva Teachers Ass 1/2. v..State of California (1999) 20 Ca1.4`h 327 ("Teachers"). Unlike judicial litigation, in which fee waivers; hardship exceptions and judicial review of the reasonableness of costs are provided for, a mandatory cost recovery requirement for third-party appellants might not have adequate safeguards to protect constitutional rights. A mandatory provision was found unconstitutional in Teachers, although Teachers involved a State Education Code provision regarding costs of disciplinary hearings and the teacher's right to work, a protected constitutional interest.. Another California Supreme Court decision has said that a specific Subdivision Map Act section which shifted certain special noticing.costs to the developer/applicant on a subdivision project was not evidence of a wholesale prohibition on charging appropriate costs to "interested persons" who may wish to-challenge;a map approval. However, the fee in that case was $607. This case also held that discouraging frivolous appeals was not a legitimate purpose of cost recovery, and noted that fees for Map Act must be reasonably related to the costs of providing the services. That is the case for all development processing and service/user fees. Mandating full cost recovery from-third party appellants would require much more detailed constitutional analysis to ensure the constitutional validity of any such provision. The related issue of how much public input is enough or reasonable has also been brought up. The IZO and the City's Subdivision Map ordinance identify which actions are subject to!appeal providing-sornelimits. The-appeal provisions in the City's Implementing Zoning Ordinance (IZO)"specify the:jurisdiction of appeals, timing and form requirements. Subsection 24.070D states that"An appeal shall be submitted in writing and filed with the City Clerk on a City application form within 14 days of the date of the decision. The appeal shall state the pertinent facts, the basis of the appeal, and the relief sought by the appellant." The substantive requirements for the appeal are provision of a factual basis and tying those facts to some perceived error:in applying City or other laws, regulations, or policies (i.e., "pertinent facts and "basi s,for the.,appeal") Due to the relatively low numbers of appeals being filed (a total of 15 appeals were filed between 2003 and 2011), the appeal process itself does not appear to be abused by the filing of 4- frivolous'appeals. It appears that most not:all of the filed appeals are based on genuine concern by community members about the potential changes or impacts development projects can create. It should be noted that Cowgirl Creamery is not a typical appeal, because it arose out code enforcement regarding unpermitted construction at an existing business prior to the application for a CUP to legalize that construction and expand other conditions of a prior permit. To some extent, neighborhood opinion.had.already.been formed before the Minor (Administrative) Use Permit application was submitted. Although in some cases'Minor Use Permits are appropriately decided.at:the staff level, based on the level of neighborhood opposition, Cowgirl's permit was referred to the Planning Commission, which approved it Neighbors then appealed the Planning Commission approval to the City Council which upheld the permit. The total cost to the applicant for this process was $12,729. The City's intent when originally initiating a cost recovery system in 2002 was to recover the City's actual and reasonable costs of providing service's in order to maintain such services within the City. This intent was reinforced in 2004 when a new schedule of fees was adopted and again in 2008 when the City went to a full cost recovery system in the sense that all planning entitlements were included in the time and materials model and in fee adjustments made in 2010. The cost recovery program has enabled the City to remain active in processing planning entitlement applications. Additionally the contract agreement between the City and M-Group has allowed base level planningfunctions to be reestablished at levels found before the restructuring of the Community Development Department. At this time the City's budget constraints remain severe and there have been no changes that would support reevaluating the intent'to'recover the actual costs of providing development review services. Based on all of the,foregoing, Staff recommends no changes be made to the present cost recovery system, the appeal fee, or the appeal process. However, recognizing the costs associated with,the processing'of planning entitlements, staff initiated and continues to facilitate streamlining efforts to more efficiently and collaboratively process land use entitlements. 'Examples of these streamlining€efforts include: Development Review•Committee In March 2011 staff reinstituted the weekly meeting of the Development Review Committee (DRC), which is comprised of managers from all departments with permitting responsibilities. The DRC meets on a weekly basis to discuss pending,applications. Applicants are invited toy attend the DRC meetings to receive coordinated feedback and ask clarifying questions. This_process has increased collaboration and coordination between departments as well as between the applicant and the city, and helps avoid late discovery of issues:during the''review-process. First Hour Free M-Group has initiated a "first hour free" policy to ensure that potential applicants have an opportunity for meaningful dialogue prior to submission of a formal application. At the discretion of the.Planning`Manager, this can either be a one on one meeting with Planning, a site visit to look`afspecific field issues, a meetinginvolving Building, Public Works, or Fire if overlapping issues are identified, or an agendized discussion at the.DRC's weekly meeting. Templates M=Group has begun creating a series of templates for staff reports, notices, and resolutions to utilize formatting and wording from successfully adopted documents to avoid the need for duplication of work prior to hearings. Community Outreach and Dialogue Staff strongly encourages applicants to conduct neighborhood outreach early and often during the application process. Staff encourages the applicant to ensure that impacted neighbors are aware of the project prior to submittal with the intent that concerns may be easily addressed during the design phase. FINANCIAL IMPACTS Direct,financial impacts to:the City under the current system of processing and paying for the appeal process are very limited due to the Cost Recovery System. ATTACHMENTS 1. City Council Reso No. 2002-114 2. City Council Reso No.2004-028 3. City Council Reso No. 2068-152 4. Cost Recovery Agreement 5. Community Development Fee Schedule 6. IZO Section 24.070 - Appeals ll2 ATTACHMENT 1 Resolution No. 2002-114 • N.C.S. of the City of Petaluma, California A:RESOLUTION OF THE CITY COUNCIL OF THEICITY OF PETALUMA, CALIFORNIA, ESTABLISHING A SCHEDULE OF FEES AND'CHARGES FOR CITY SERVICES AND REPEALING:PREVIOUSLY ADOPTED AND CONFLICTING FEES AND CHARGES FOR SUCH 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, 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 areport 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; 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; and WHEREAS, the fees and charges set forth'in the schedule of fees and charges adopted by this resolution do not violate Article XIII" D of the California Constitution pursuant to Apartment Association of Los Angeles County v. City of Los Angeles (2001) 24 Cal. 4th,830. 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 feesfor: zoning variances; use permits, building .inspections, building permits, filing and processing applications and petitions', filed with the local agency formation commission or conducting proceedings filed under the Cortese-Knox Local Government Reorganization Act of 1985 (Government ,Code § 56000 et seq.), processing maps under the Subdivision Map Act (Government Code § 66410 et seg.), or planning services shall not exceed the estimated reasonable cost ofproviding the-service.for which the fee is charged; and Resolution No. 200'-i14 COPY - Original Stored at The City of Petaluma WHEREAS, in accordance with Government Code Section 65104, fees to support the work of planning agencies shall not exceed the reasonable cost of providing the service for which the fee is charged; and WHEREAS, in accordance with Government Code Section 65456, legislative bodies may, after adopting a .specific plan, impose a specific plan fee upon persons seeking governmental,approvals which'are required to be consistent with the specific plan, and such fees. shall, in the aggregate, defray-but-not exceed the cost of preparation, adoption and administration of the specific plan; and WHEREAS, in accordancewith Government Code Section 65909.5, reasonable city fees for the processing of use permits; zone variances, or zone changes shall not exceed the amount reasonably required to administer the processing of such permits,zone variances or changes; and WHEREAS; in accordance with Government Code Section 66451.2, reasonable local agency fees for the processing of tentative, final and parcel maps shall not exceed the amount reasonably required by the agency; 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, and such fees shall not exceed tile-amount reasonably required to administer or process thoseperrnits, 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 atilount 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 inclined by the building department 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 publicreview and'comment for ten days prior to the public hearing at which this Resolution was adopted;and COPY - Original Stored at The City egiftP # ILuvz-11J4n:C:s. 2 . 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. 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. COPY - Original Stored at`The Ci#Res nNd'2Q02-'IL4N.c.s. 3 ADOP'T'ION OF FEES • NOW, THEREFORE,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 various 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 in 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. This means that the 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 hourly rate shall 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. This is an application fee that does not include staff time and materials. D. Full Cost Recovery Applications. This includes a deposit amount and the actual costs of the staff time and required materials. Section 3. Special Service Fees. The following fees shall be charged and collected for the followingenume`rated`services: • COPY - Original Stored at The Lift// ��yyf.Pp}al IYesoluuoo'fV`o. 2IXJ2-174N,C.S. 4 1 0 • BUILDING PLAN CHECK 65%ofPermitfee. CIVIL PLAN CHECK 15%of Permit Fee VARIANCE $2,700 deposit plus•staff time and materials MINOR-ZONING EXCEPTION $725 plus the cost of the public notice USE PERMIT-MAJOR $3,075 deposit plus staff time and materials USE PERMIT-MINOR $800 plus the cost of the public notice ZONING AMENDMENT-MAP $3,925 deposit plus staff time and materials ZONING AMENDMENT-TEXT $3,750 deposit plus staff time and ZONING AMENDMENT - MINOR REVISION-$700 plus the cost of the public notice PUD/PCD/SPPUD SUBDIVISION ORDINANCE AMENDMENT $3,750.deposit plus.staff time and materials TENTATIVE SUBDIVISION MAP $5,125 deposit plus staff time and materials TENTATIVE PARCEL MAP $1,975 deposit plus staff time.and•matenals FINAL PARCEL.MAP $1,975 deposit plus staff time and materials FINAL(SUBDIVISION)MAP $1,500 plus the cost of the outside technical map check TENTATIVE MAP AMENDMENT $4,125 FINAL MAP AMENDMENT $4,125 HOME OCCUPATION $100 LOT LINE.ADJUSTMENT/;MERGER. $1,675 per line CERTIFICATE OF COMPLIANCE $2,250 deposit plus'.staff time and materials GENERAL PLAN TEXT AMENDMENT $3,600 deposit.plusstaff time and materials GENERAL PLAN MAP AMENDMENT $3,650 deposit Plus staff time and materials SPECIFIC PLAN $5,400 deposit plus staff time and materials SPECIFIC PLAN AMENDMENT $5,400 deposit plus,staff time and materials Dependent on the type of,application. For"Bat fee applications" INITIAL STUDY(ENVIRONMENTAL) the fee is $1,875. For "full cost recovery applications", the $L875 shall bea deposit-plusactual staff time and materials ENVIRONMENTAL IMPACT REPORT Consultant fee plus staff,time and materials CATEGORICAL EXEMPTION $175 STREET NAME CHANGE $175 ADDRESS CHANGE $175 ANNEXATION $4,000 deposit plus staff time and materials SITE PLAN & ARCHICI'ECI'URAI. REVIEW- $700 MINOR SITE PLAN & ARCIi1CTECTURAL REVIEW- $3,675 deposit plus staff time and materials MAJOR ADDITION/REMODEL IN APPROVED HISTORIC $85 DISTRICT PRELIMINARY REVIEW-S.P.A.R.Cr $100 PRELIMINARY REVIEW-STAFF $1.775 FLOOD DETERMINATION $50 ZONING PERMIT,(T U.P3 $125 HERITAGEJL'ANDMARK'TREE DESIGNATION Exempt COPY - Original atored.at The Ci¢y,� 9f.Pga - - °R'eso`lution IV$. 2002=1 4 N.C.S. 5 If an applicant:files the'appeal, the $170 appeal fee will he a deposit'and.the.applibani.will-be.billed for any additional costs of DEVELOPMENT AP-PEAL processing the'appeal on a staff time and materials basis. If a memberofthe public tiles amappeal,the appeal fee shall be$170 and an-y'=addittonal costs of processing the appeal.shall he billed to the APPLCANT on a staff time and materials basis FENCE REVIEW $75 SIGN REVIEW $75 The fee for an "extension of time" shall be $295 for `flat fee EXTENSION OF TIME applications" and shall be.$295 plus the actual cost of staff time and materials for"full cost recovery applications" DETERMINATION OF PUBLIC CONVENIENCE OR$2,100 NECESSITY <=$500,000:6%of the est.cost or$1,980,whichever is greater, • plus PUBLIC IMPROVEMENT P.C.&INSP. >$SOOK,<=$1M:4%of the est.cost,plus >$1M.2%n of the est.cost. ENCROACHMENT SIDEWALK/DRIVEWAY- $225 RESIDENTIALL ENCROACHMENT — SIDEWALK/DRIVEWAY —$325 COMMERCIAL AND INDUSTRIAL ENCROACHMENT-SEWER/WATERLATERAL $400 ENCROACHMENT-PUBLIC UTILITY (OTHER) $1,000 deposit plus staff time and materials ENCROACHMENT — TREES, $35 DU M PSTERS/SCAFFOLDING PUBLIC NOTICE—PUBLIC HEARING $250 Deposit TELECOMMUNICATIONS REGISTRATION FEE $575 TELECOMMUNICATIONS REMOVAL$5,780. AGREEMENT OUTSIDE SEWER/WATER $500 deposit plus staff time and materials RIGHT OF WAY ABANDONMENT $1,000 deposit plus staff time and materials REIMBURSEMENT AGREEMENT $6,000 deposit plus staff time and materials RECORDS MANAGEMENT (PLANNING & 1%of application fee/deposit ENGINEERING) TECHNOLOGY (PERMIT TRACKING SYSTEM 5%of application fee/deposit FEES) Based on full cost recovery(deposit plus start time and materials) and required as a condition of approval of every application MITIGATION MONITORING requiring mitigation monitoring. The Community Development Director.shall determine the amount of the initial deposit based on the nature and cope of the mitigations BOOKING FEE RESTITUTION Cost of Booking Fee plus 25%administrative overhead charge PARKING ENFORCEMENT . $35 $15-residential SPECIAL EVENT,PERM IT-MINOR ��- - $50-commercial SPECIAL.EVENT,PERMIT-MAJOR $260 COPY - Original Stored at The Clt esbcen Vha '0 -t1a4 N.C.S. 6 1 First.Three In Calendar Year---No Charge Fourth False Alarm in Calendar Year: Audible--$55 Silent—$90 POLICE FALSE ALARM RESPONSE Fifth False Alarm in Calendar Year: Audible--$110 Silent--$180 Each Additional False Alarm in Calendar Year: Audible--$220 Silent-- $360 POLICE ALARM MONITORING $15 VEHICLE INSPECTION $25 CLEARANCE LETTER $10 COURTESY TOWING ADMINISTRATION. $20 COURTESY ACCIDENT REPORT $80 TAXI DRIVER PERMIT $75 SOLICITOR PERMIT $60 CRIME STATISTICES REPORT ATM Report--$3D Neighborhood Report--$10 FIRE COMPANY INSPECTIONS $70 First Reinspection--$0 FIRE SECOND REINSPECTION. Second Reinspedtion--$70 Third and.Suhsequent Reinspections--$140 First Two False Alarms in Calendar Year--$0 FIRE FALSE ALARM RESPONSE Third False Alarm in Calendar Year--$100 Fourth False Alarm in Calendar Year—$150 Fifth and Subsequent False Alarms in Calendar Year--$300 First Three Call tbResidential Address in.Calendar Year--$0 PUBLIC ASSISTANCE CALL Each Additional Call to Residential Address in Calendar Year-- $65 Call to a Commercial Address.--$100 WEED ABATEMENT $100 plus actual cost Of discing FIRE PLAN CHECK& INSPECTION: New Commercial Minimum of $300 or 25% of Building Permit. Whichever is Greater New Residential Minimum of $225 or 25% of Building Permit, Whichever is Greater New Tenant Improvements Minimum of $125 or 25% of Building Permit, Whichever is Greater UNIFORM FIRE CODE(UPC)FEES: UFC-AEROSOL PRODUCTS $2(X1 UFC-AIRCRAFT REFUELING VEHICLE $250 UFC-AIRCRAFT REPAIR HANGER $250 UFC-AUTO.FIRE SP,RINKLER/7-20 HEADS $300 UPC-AUTO.FIRE'SPRtNKLER>20.HEADS $300 plus$2.70 per.head over 20 heads UFC-AUTOMOBILE WRECKING YARD $200 UFC-COMBUSTIBLE FIBER-.STORAGE $200 UPC-COMBUSTIBLE MATERIAL STORAGE $200 UFC-DAY CARE-COMMERCIAL $225 UFC-DAY CARE-RESIDENTIAL $50 UFC-DRY CLEANING PLANT $200 COPY -Original Stored at The'Cif mgt3tibn°NUalw3-1;N.C.S. 7 I* UK-DUST PRODUCING OPERATIONS $200 UFC-FIRE ALARM SYSTEM INSTAIJ-ATION $200 plus$2.70 per initialing device UPC-FIRE ALARMSYS:REPAIR/MODIFICATION $175 UFC``-FIRE PROTECTION SYSTEM $450 UFC-FIREWORKS/PYRO.DISPLAY $650 UFC-FIREWORKS BOOTH $200 UPC-FIREWORKS DISTRIBUTOR $200 UFC-REPAIR GARAGE $225 UFC-COMBUST.STORAGE: HIGH-PILED $250 UPC-HOOD&DUCT FIXED EXT.SYS. $250 plus$5 per head UFC-INSTITUTIONAL OCCUPANCY.>50 S400 UFC=INSTITUTIONAL OCCUPANCY:6.50 $300 UFC-JUNKYARD $300 UFC-L.P:G. INSTALLATION $350 each .UFC-L/G FUELED VEH.IN ASSEMBLY BLDG. $100 UFC-LUMBER YARD $225 UFC-MAGNESIUM WORKING $200 UPC-MEDICAL GAS INSTALLATION $600 UFC-ORGANIC COATINGS $300 UFC-OVEN: INDUSTRIAL BAKING/DRYING $150 UFC-PLACE OF ASSEMBLY:300 OR GREATER $300 UFC-PLACE OF ASSEMBLY: LESS THAN 300 $250 UFC-PLACE OF ASSEMBLY: SCHOOL $100 UFC-RES'L CARE FACILITY: ELDERLY Exempt UFC-SPRAYING&DIPPING $250 UFC-TENT/CANOPY/AIR-SUPPORTED $250 each use STRUCTURE UFC-TIRE STORAGE $275 UFC-UNDRORND:FIRE MAIN INSTALLATION $600 UFC-WASTE MATERIAL HANDLING $200 HAZARDOUS MATERIALS(HAZ-MAT)FEES: HAZ:MAT-SIFE.CLOSURE $475 HAZMAT-.A BOVE'GROUND.STORAGE: RANGE I $175 I IAZ.MAT-ABOVE GROUND.STORAGE: RANGE-'2 $400 HAZ'.MAT-ABOVE GROUND:STORAGE: RANGE 3 5475 I-IAZ:MAT-ABOVE GROUND;STORAGE: RANGE 4 $625 HAZ:MAT-ABOVE OROUND:STORAGE: RANGE 5 $725 HAZ?MAT-ABOVEGROUND.STORAGE: RANGE 7 $175 HAZ MAT-ABOVEGROUND.STORAGE:RANGE 8 $175 HAZ MAT-ABOVEGROUND.STORAGE:.RANGE 9 Reduce above fees for ranges I-8 by 10% HAZ.NIAT-UNDERGROUND TANK:PERMIT $250 per tank IIA2:MAT-NEW UNDERGROUND TANK First Tank--$550;plus.actual cost for plan check.resubmittal INSTALLATION Second and Subsequent Tanks -- S350 plus$90 per hour plus actual cost For plan check resubmitial COPY - Original Stored at The Csitates5tReitatb' 4a4NC.s 8 I HAZ.MAT-UNDERGROUND $400 per site TANK/PIPING/APPLIANCE REPAIR HAZ.MAT-UNDERGROUND TANK $900 application fee plus$130 for each tank CLOSURE/REMOVAL HAZ.MAT-UNDERGROUND TANK TEMPORARY $400 per tank for 1 year period CLOSURE HAZ.MAT.RISK MANGEMENT PREVENTION $500 plus$90 per.hour PLAN/CAL-ARP HAZ.MAT-NEW ABOVE GROUND TANK $500 plus$130 each additional tank plus$90 per hour INSTALLATION HAZ.WASTE GEN.-O.S.T.-CONDITIONAL EXEMPT$325 TIER HAZ.WASTE GEN.-O.S.T.-CONDITIONAL$750 AUTHORIZATION TIER HAZ.WASTE GEN:O.S.T.-P.R.R.TIER WAIVER $1,425 ANIMAL CONTROL SERVICE FEES: DOG ADOPTION(INCLUDING MICROCHIP) $85 ADULT CAT ADOPTION (INCLUDING $65 MICROCHIP) RABBIT ADOPTION(INCLUDES SPAY/NEUTER) $40 MISCELLEANOUS SMALL ANIMAL ADOPTION $25 KITTEN ADOPTION(LESS THAN 6 MONTHS) $75 DOGLICENSE—INTACT ANIMAL $35 LATE PENALTY FEE—INTACT ANIMAL $10 DOG LICENSE—STERILIZED $10 LATE PENALTY FEE—STERILIZED ANIMAL $25 f"Time--$65 REDEMPTION FOR IMPOUNDED DOG OR CAT 2"d Time--$110 3ra and Subsequent--$210 REDEMPTION FEE FOR LIVESTOCK Small and Medium--$40 Large--$50 BOARD—IMPOUNDED DOG $15 per day Additional per day for Rabies Quarantine--$25 BOARD—IMPOUNDED CAT $15 per day Additional per day for Rabies Quarantine--$25 BOARD—MISCELLENAOUS ANIMAL $4 per day Additional per day for Rabies Quarantine--$25 BOARD—LIVESTOCK $15 per day Small Animal --$15 Cat--$30 DISPOSAL ANDEUTHANISIA Dog(under 201bs.)--$35 Dog(20 to 50 lbs.)--$45 Dog(over 50 Ibs:)--$55 Carcass disposal is$10less-than above fees 0—24 lbs. --$80 25—49 lbs.--$90 GROUP CREMATION 50—74 lbs.--$100 75—99 lbs.--$110 100-120 lbs.--$120 Over 120 lbs.--$140 0—24 lbs. --$100 25-49 lbs.--$110 PRIVATE CREMATION 50—74 lbs.--$125 75—99 lbs.--$145 100-120 lbs.--$175 Over120 lbs.--$200 COPY - Original Stored at The Cit 59i i�',nta1Mc154 N.C.S. 9 S#°. RELEASE OF-WILDLIFE FROM TRAP ON PRIVATE$25 PROPERTY NUISANCE WILDLIFE:RESPONSE TO EUTHANIZE'$50 ON PRIVATEPROEPRTY SURRENDED ANIMAL PICKED UP BY ANIMAL$25 CONTROL OFFICER ANIMAL CONTROL OFFICER TRANSPORTATON During Business Hours--$50 OF INJURED ANIMAL TO VETERINARIAN After Business Hours--$75 ANIMAL CONTROL OFFICER ASSIST ANIMAL$50 per hour with one hour minimum OWNER TURNING BASIN SERVICES; October through March,--$4 per foot MOORING FEES April through.September--$8 per foot Transient--$30 daily fee 12 years.and under–$1.00 RECREATIONAL SWIMMING 13 years through 54 years--$2.00 55 and older--$1.50 FITNESS SWIMMING Each lap swim.session- $5.00 Water Fitness Class(19 sessions)--$40.00 SWIM LESSONS $36 per 2 week session PRIV.PARTY POOL RENTAL Per 50 people for first hour--$50.00 Per 50 people for each additional hour--$40.00 SWIM TEAM POOL RENTAL $2,000 per year SPEC.EVENT-CRAFT FAIRE $145 per booth Softball--$625.00.per team ADULT.SPORTS Volleyball--$235.00 per team' Basketball--$595.00 per team RECREATION/CONTRACT PROGRAMS Fee is 60%City and 40%m Instructor SENIOR PROGRAMS/TOURS $20.00 for newsletter per year YOUTH PROGRAMS $2.00 unit cost Camp Sunshine–per week,–5 days/week--S90.00 PRE-SCHOOL PROGRAMS Tiny Tots–2 yr;olds_per month– I day/week--$23.00 Tiny Tots–3 yr olds–per month–2 days/week--$84.00 Tiny Tots–4 yr.olds–per month–3 days/week–$125.00 Youth Employment Permit–$0 TEEN PROGRAMS Gym Session(Each)--$0 Driver's Education Class-- $90.00 Babysitting Class--$35.00 Per 100 people for the first two.hours--$50.00 PARK PICNIC RENTAL Per 100 people for each additional hour in excess of 2 hours -- $50.00 PRIVATE'.B.ALLFIELD RENTAL..SHORT TERM $40.00 per day Little League–per member--$4.00 PRIVATE BALLFIELDRENTAL I.ONGTERM Soccer–per member--.$6.00 Girl's Softball–per member--.$6.00 BOYS&GIRLSCLUB SUPPORT $5.00 per month per member COMMUNITY CENTER ROOM RENTAL: NON.PROFIT–NO FEES: ASSEMBLY ROOM $45 ACTIVITY ROOM $20 KITCHEN—FLAT-FEE. $100 MEETING'ROOMS A-D $30 �/i MEETING ROOM $20 CONFERNCE ROOM#2 $20 COPY - Original stored at The CitatsS?t ;pgit?3bbER N.c S. 10 CONFERENCE ROOM#3 $15 CRAFTS ROOMS I OR 2 $20 CLUB ROOM $25 LOBBY/FLAT FEE $55 NONPROFIT-WITH FEES ASSEMBLY ROOM $55 ACTIVITY ROOM $25 KITCHEN-FLAT FEE $100 MEETING ROOMS A-D $40 V2 MEETING ROOM $30 CONFERNCE ROOM#2 $20 CONFERENCE ROOM#3 $20 CRAFTS ROOMS I OR 2 $25 CLUBROOM $30 LOBBY/FLAT FEE $65 COPY - Original Stored at The CitgaftatalbbaW4 N.CS. 1I I • PRIVATE RESIDENT ASSEMBLY ROOM $65 ACTIVITY ROOM $30 KITCHEN-FLAT PEE $100 MEETING ROOMS A-D $50 Vx MEETING ROOM $40 CONFERNCE ROOM#2 $30 CONFERENCE ROOM#3 $25 CRAFTS ROOMS I OR 2 $30 CLUB ROOM $40 LOBBY/FLAT FEE $70 PRIVATE-NON RESIDENT ASSEMBLY ROOM $75 ACTIVITY ROOM $35 KITCHEN-FLAT FEE $125 MEETING ROOMS A-D $65 'h MEETING ROOM $50 CONFERNCE ROOM#2 $35 CONFERENCE.ROOM#3 $30 CRAFTS ROOMS I OR 2 $35 CLUB ROOM $50 LOBBY/FLAT FEE $80 COMMERCIAL: ASSEMBLY ROOM $120 ACTIVITY ROOM $45 KITCHEN-FLAT FEE $150 MEETING ROOMS A-D $80 V2 MEETING ROOM $65 CONFERNCE ROOM#2 $45 CONFERENCE ROOM#3 $35 CRAFTS ROOMS I OR 2 $45 CLUB ROOM $70 LOB B Y/FLATFEE $100 ASSEMBLY & MEETING ROOMS A-D -$25.00 per hour GOVERNMENT RATE CONFERENCE ROOM#3-GOVERNMENT RATE $15.00 per hour ALL OTHER ROOMS-GOVERNMENT RATE $20.00 per hour COPY - Original Stored at The City"es ?t0 alibipi a N C:S. 12 fS EQUIPMENT RENTAL—COMMUNITY CENTER: DISHES $100 flat fee—300 place setting TVNCR $25.00 PORTABLE BAR $10.00 COFFEE/TEA SET-UP $30.00 per pot COFFEE POT $10.00 per pot PIANO $25.00 THEATRICAL LIGHTING $10.00 per light/$100 maximum charge SOUND AND LIGHTS TECHNICIAN $20.00 per hour ADDITONAL MICROPHONE $10.00 ADDITIONAL BUILDING ATTENDANT $20.00 per hour FILM PERMIT Still and Commercials--$300 Feature Film--$500 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 fees, 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. COPY - Original Stored at The Citar gf i�'evtaWbpat N.C.S. 13 1 1 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 Ai ved as to Council'of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting f 'on the . 15th day of July 20 02, by the following vote: City Attorney AYES: Cader-Thompson, Vice Mayor Healy,Maguire,O'Brien,Mayor Thompson,Torliatt NOES: None ABSENT: pan ATTEST: Y`� I/0--[h.// 9 City Clerk Maynr' COPY . Original Stored at The City of l a!kt S . r, h,C; Res. ATTACHMENT 2 Resolution 'No. 2004-028N.C.S. of the City of Petaluma, California A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFPETALUMA, CALIFORNIA, ESTABLISHING A SCHEDULE OF,FEES AND CHARGES FOR CITY SERVICES AND REPEALING PREVIOUSLY ADOPTED AND CONFLICTING FEES AND CHARGES FOR SUCH 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, 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 11, 2002.("Cost Report"), which report is incorporated by reference as though fairy set forth herein; and, WHEREAS, Revenue and Cost Specialists, LLC have updated the Cost Report (Cost Report Revised) with current costs,consistent with the City of Petaluma Fiscal Year 2003-2004 Adopted Budget; and, WHEREAS, the Cost Report Revised identifies the actual costs that the City incurs in providing certain City services; and, WHEREAS, the Cost Report Revised 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; and, WHEREAS, the fees and charges set forth in the schedule of fees and charges adopted by this resolution do not violate Article XIII D of the California Constitution pursuant to Apartment Association of Los Angeles County v. City of Los Angeles (2001) 24 Cal. 4th 830; and, WHEREAS, in accordance with Government Code §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 §66014, local agency fees for: zoning variances, use permits, building inspections, building permits, filing and processing applications and petitions filed with the local agency formation commission or conducting Resolution No. 2004-028 N.C.S. ZI proceedings filed under the Cortese-Knox Local Government Reorganization Act of 1985 (Government Code §56000 et seq.), 'processing maps under the Subdivision Map Act (Government Code §664.10 et seq.), or planning services shall not exceed the estimated reasonable cost of providing the service for which the fee is charged; and, WHEREAS, in accordance with Government Code §65104, fees to support the work of planning agencies shall not exceed the reasonable cost of providing the service for which the fee is charged; and, WHEREAS, in accordance with Government Code §65456, legislative bodies may, after adopting a specific plan, impose a specific plan fee upon persons seeking governmental approvals which are required to be consistent with the specific plan, and.such.fees shall, in the aggregate, defray but not exceed the cost of preparation, adoption and administration of the specific plan; and, WHEREAS, in accordance with Government Code §65909.5, reasonable city fees for the processing of use permits, zone Variances, or zone changes shall not exceed the amount reasonably required to administer the processing of such permits, zone variances or changes; and, WHEREAS, in accordance with Government Code §6645.1.2, reasonable local agency fees for the processing of tentative, final and parcel maps shall not exceed the amount reasonably required by the agency; and, WHEREAS, in accordance with Health and Safety Code §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 §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.§19852, city governing bodies may prescribe such fees as will pay the expenses incurred by the building department 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 §66014, 65104, 65456, 65909.5, and 66451.2, and Health and Safety Code §17951, 19132.3, and 19852, are to be imposed pursuant to §66016 of the Government Code, which imposes certain procedural requirements; and, • Resolution No.2004-028 N.C.S. Page 2 211° WHEREAS, in accordance With,the Gov,ernment,Code §6601:6 the Cost Report Revised was available for public review and Comment for ten days'prior to the public hearing at which this Resolution was adopted; and, WHEREAS, in accordance with Government Code §66016, at least 14 days prior to the public hearing at which this resolution was adopted, notice of the time and place of the hearing was mailed to eligible interested parties•who filed written requests with the City for mailed notice of meetings or new or increased fees or service charges;and, WHEREAS, 10 days advance notice of the-public hearing at which this Resolution was adopted was given by publication in accordance with §6062a of the.Government Code; and, FINDINGS WHEREAS, the City Council of the City of Petaluma finds as follows: A. The purpose of the feesand 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 not levied for general revenue purposes. B. After consideration of the Cost Report Revised, 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 Revised. 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 the services listed in this resolution, 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 Revised 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 Revised 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 Revised. • Resolution No.2004-028 N.C.S. Page 3 it ADOPTION OF FEES NOW, THEREFORE, the City Council of the.City of Petaluma does resolve as follows: Section 1.'Fee Schedule Adoption. The fee schedule (Exhibit A) lists fees and charges set forth are hereby directed to be computed by-and applied by the various City departments, and to be collected by the City Finance Department for the herein listed special services When provided by the City or 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, 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 §29373.1 _ and 29375.1 and amendments thereto. B. Deposits Plus Staff Time and Materials. This means that the applicants will be billed for the full cost of processing the application based on staff time (including City- retained consultants) and materials over and abover the amount of the deposit. Staff hourly rates shall 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. This is an application fee that does not include staff time and materials. D. Full Cost Recovery Applications. This includes a deposit amount and the actual costs of the staff time and required materials. Section 3. Annual Cost Increases. The Finance Director shall increase fees as set forth in Section 4 on July l't of each year by the increase in the Consumer Price Index — All Items Index (San Francisco-Oakland-San Jose). Section 4. Special Service Fees. The fee schedule, as set forth in Exhibit A, shall be charged and collected for the following enumerated services as indicated on Exhibit A. 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 fees, then the lower in dollar amount of the two shall be applied. Resolution No. 2004-028 N.C.S. Page 4 24-- 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 niay 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 §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 City Council in conflict with the contents of this Resolution are hereby repealed. 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 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 ofsaidCity. 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 m on the ;St day.of Mach , 20.04, by the I/I � following vote: C/�J fly Attorney AYES: Mayor Glass, Harris,Healy, Torliatt NOES: Vice Mayor Moynihan ABSENT: p' r en,Thompsp ATTEST: q... . City Jerk 'Mayor Res.No File Res 2004.028 N.C.S. 1„//t (nn(;. - ;r^r Cif � � T;,,=� T' -Hi.,c r .1 <AC2' c.��. m f Al 'T -f.' 1 fl'. G 0.' In rr 7,J 7MO(' •r', ' m; -1 1 'a n r w 1 I� L.,-i - % Z _ , -� .n 11 -. - ti ti 1 L 3J 7•Q > '()� —'+ r)�, J. r j rr r F' I •,r G-n r - =,,,,, , ). n, - C m '� D3 'C7 -7 ..� 1 n r) - 7)_ 1 - I; -.1 o.4. I�.:Z rri P. T D _ m m r ,S( _ l ) 1` — 1 ti - _ ti �7�', .,- " 1 ( r -m I ' Or n _ 1-1 rr Cl) I m n r^- Z F n• 1 r a ` -- - r 1 ' ) in •0 C• g Z, • _�. I-a n r—f,. .t �b� I I �•:.Y , - r 6 I 1- - .S• < t.'-', .. nr. T m.r •cI ._) ,... . <.. .. m . _ - - rN' _Il J lM 1. 4 i'x - i Ii A " u ' • O p. r: ,. I,. 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Z u � Wa � g� � � ° Imp U lL %Y w Fgi L)k y x. 3 w • ATTACHMENT 3 Resolution No. 20.08-152 N.C.S. of the City of Petaluma, California ESTABLISHING A:SCHEDULE OF FEES AND CHARGES • FOR CITY SERVICES AND REPEALING'.PREVIOUSLY ADOPTED AND CONFLICTING FEES AND CHARGES FOR SUCH 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 estimated actual and reasonable costs to provide such services; and, WHEREAS, with respect to fees and charges to be increased, the City has analyzed its fees'and charges, the costs of providing.services,'the beneficiaries of the services, and the revenues produced by those paying charges for such services; and, WHEREAS, the City wishes to comply with both the letter and the spirit of Article XIIIB of the California Constitution; and, 'WHEREAS, in adopting the fees and charges for City services as set forth in this Resolution, the City Council of the City ofPetaluma is exercising,its powers under Article XI, Sections 5 and 7 of the California Constitution, Section 66014 of the California Government Code, and other applicable,law; and, WHEREAS; the City has a policy of recovering the full cost of providing voluntary services from those persons utilizing them so that general taxes are not diverted from general services to unfairly or inequitably subsidize such services;and, WHEREAS; the fees and charges set forth in the schedule of fees and charges adopted by this Resolution are consistent with the requirements of.Article;XIII D of the California Constitution pursuant to Apartment Association of Los.Angeles County v. City of Los Angeles (2001) 24 Cal. 4th 830, in that such fees are not applicable to incidents of property ownership, but rather actual use of City services; and, WHEREAS, in accordance with Government Code Section 50076, fees and charges 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: zoning variances, use permits;_building,inspections, building permits, filing and processing applications and petitions filed,with the local agency formation commission or conducting proceedings filed under the Cortese-Knox Local Government Reorganization Act of 1985 (Government Code § 5600) et,seg.), processing maps under the Subdivision Map Act (Government Code,§ 66410 etseq.), or planning services shall not exceed the estimated reasonable cost of providing the service for which the fee is charged; and, Copt - 0rlgine!`Stored at The City of.Pet (uma esulunon o (0 -15 .0.S Page 14.0 WHEREAS, in accordance with Government Code Section^65104;,fees to support the • work of planning agencies shall not exceed the reasonable cost of providing the service for which the fee is charged; and, WHEREAS, in accordance with Government Code Section 65456, legislative bodies may, after adopting a specific plan, impose a specific plan fee upon persons seeking governmental approvals which are required to be consistent with the specific plan, and such fees shall, in the aggregate. defray but not exceed the cost of preparation, adoption and administration of the specific plan; and, WHEREAS, in accordance with Government Code Section 65909.5, reasonable city fees • for the processing of use permits, zone variances, or zone changes shall not exceed the amount reasonably required to administer the processing of such permits, zone variances or changes; and, WHEREAS, in accordance with Government Code Section 66451.2, reasonable local agency fees for the processing oftentative, final and parcel maps shall not exceed the amount reasonably required by the agency; 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, 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 he 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 department 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, 191323, and 19852, are to be imposed pursuant to Section'66016 of the Government Code, which imposes certain procedural.requirements priorto levying a new fee or service charge, or prior to approving an increase in an existing fee or service charge; and, WHEREAS,ih,accordance with the Government Code Section 66016,the cost analysis and support for a fee or service charge which will be-increased pursuant to this Resolution was available for public review and comment for ten days prior to the public hearing of which this Resolution was adopted; and, COPY - Original Stored at The Ci¢�f of.Pet" "itesolution NU. �O&-152N.C.S. Page 2 41 WHEREAS, in accordance with-California Government Code Section 66016, at least 14 days prior to the public hearing atwhich the City Counciljirst considered adoption of the fees established by this Resolution, notice of thetime and place ofthe.hearing was mailed to eligible interested parties who files`writterfrequests with the City'for mailed notice of meetings on new or increased fees or service charges; and, WHEREAS, 10 days advance notice,.ofthe public hearing at which this Resolution was adopted was given by publication in accordance with Section 6062a of the Government Code; and; WHEREAS. it is thcintention.of the City Council to adopt a schedule of fees and charges, which updates certain existing fees and charges, and/or establishes certain new fees and charges based on the City's budgeted and projected costs,of services; and, WHEREAS, the schedule of fees:and the total amounts thereof, described in Exhibit "A" attached, are hereby determined to be;reasonable in that the amounts thereof do not exceed of the estimated reasonable costs of'providing the services for which the charges and fees are made. NOW THEREFORE, the City Council of the City of Petaluma resolves as follows: .Section 1. Findings: The following findings are true and correct and adopted.asthe findings of the City Council: A. The purpose of the fees',and charges set forth in Exhibit"A' 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 data and information re'ga'rding the costs of providing services relating to all fees and charges subject to this Resolution, ("cost analysis"), all testimony received orally or in writing at or before the noticed public hearing,the agenda report,and the background documents.to the agenda report(together, "Record"), the City Council of the City of Petaluma approves and adopts the cost analysis. C. Adoption of the fees and charges set forth in Exhibit "A"Of this Resolution is intended to recover costs-necessary to maintain such services within the City within existing=service areas and is not a"project" within the meaning of the California Environmental.Quality Act ("CEQA") pursuant to 14 California Code of Regulations ("CEQA Guidelines") section 15378(b)(4) (the`creation of government funding mechanisms or other government fiscal activities which do not involve any specific commitment to any.specific project which may result in a potentially significant impact bathe environment); and/or CEQA Guidelines section 15273(statutory exemption for rates, tolls, fares and charges within an existing service area); and/or CEQA Guidelines 15061(b)(3) (.`commonsense' general exception where there isno:possibility the activity in question may have a significant effect on the environment). D. The Record establishes,that the costs listed in the cost analysis for those fees and charges which are to be increased and/or established as costs:incurred by the City in providing Cit services arc reasonable estimates of the cost of providing such COPY - Original Stored at The City of Petaluma esolution No.2008-152 N.C.S. Page 3 1 services, and that the revisions rccommended,toiexisting fees,for such services are necessary to recover the reasonable,estimated cost of providing such services. Section:2..Fee&Schedule.Adoption and Repeal;of Prior Inconsistent Fees and Charges. The schedule of fees and charges set forth in Exhibit"A", of this Resolution, attached hereto and incorporated herein by reference, are hereby directed to be computed by and applied by the various City departments, and to be collected by the City Administrative Services Department for the herein listed special services wheniprovided by the City 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 areindicated 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 Goverrunent Code Sections.29373.1 and 29375.1 and amendments thereto.. B. Deposits Plus Stall and Materials. This means that the 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 hourly rate shall 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. This is an application fee that does' include staff time and materials. D. Full Cost Recovery Applications. This includes a deposit amount and the actual costs of the staff time and required materials. Suctiorn4.;Interpretation. This Resolution may be interpreted by the several City departmenfdirectois in consultation with the City Manager and, should,there be a conflict between two fees; then the lower in.dollar amount of two shall be applied. Section'5. Use'of Fee 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;feeseand charges shall not be used for general rrevenue 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 COPY - Original Stored at the City of Petaluma Resolution No.2008-152 N.C:S. Page 4 the estimated reasonable cost of providing the services for which the fees';and charges•are charged. Section 7. Annual Adjustment. The fees and charges set forth in Exhibit "A!' be adjusted by the City Manager on July 1st of every year by the percentage increase or decrease in the Consumer Price Index--All Items Index (San Francisco-Oakland-San Jose).. Section 8, Effective;Date. This Resolution shall become effective immediately. In accordance with Government Code Section 66017, all new and/or increased fees and charges upon a development project, as',defined.in Government Code Section 66000,.which apply to the filing, accepting, reviewing, approving, or issuing of an application, permit,or entitlement to use shall be effective no sooner than.60 days:fallowing the effective date of this Resolution. Those fees and charges upon a development project are generally listed on the attached Exhibit A under the heading"Community Development." All other new and/or increased fees,and charges not subject to Government Code Section 66017 that are set forth in Exhibit A shall become effective immediately. Section 9. Repealer. These fees and charges shall supersede,theleorresponding fees previously established and adopted by-the City Council. All previously adopted and conflicting fees and charges and all Resolutions,and other actions of the City Council 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 Exhibit "A" 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 declares that it would have adopted each of the fees'and charges set forth in Exhibit "A" 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 Chaner of said City. ,'�1 REFERENCE: I hereby certify the foregoing.Resolution was introduced and adopted by the Approv"r rd asl to Council of the City of Petaluma at a Regular meeting on the 4'h day of August, I'odm: 2008.by the following vole: }t City.. orney AYES: Barrett;Harris;Naut Vice Mayor Rabbin.Mayor.Torliau NOES: None ABSENT: Freitas,.O'Brien ABSTAIN: None ( —� 1 • ATTES"1': Al CI y Clerk May,r COPY .., Original Stared at The i Re olu n No.2200 15 .c s. Pages CityOf Petaluma Fees ExHisli-n Proposed 2008/09 Fees•(as-of 7/1/08) COMMUNITY'DEVELOPMENTSERVICES Bii na Division and Building-perm r,a, ed fTc aT- °coarately s:-l.See Resolution-2007-193. EXr.'FTL.', -f-I-- pip, '•ir LIFO •Inh-il l . ..i E''. •'.JS • r. vSE ER f i',JCr. .. _ ,. .. ._. ..... .. T.I I ;. �,�.I�,,.r nia .. ....cl . . .. Sl unCcller II �.^r 6L1r r' I':'_ .., y .._.R nI I P OI E ST r_Ll_; c- • NiSii)",; rr.A!' - _ TJ f I_s Iun r'1 r�c, �r _`.I;, , . _. _ .._ __ -• __ - _ .. $- o1r.:Lsur-I r,,1 -na-a .. p.14:1:-r.. _ • T ISYe C' $•:,,•-.5r.,f. • LIP • -'IT :.,,..r.] , II --CF' _ I DILL Tn' I - '.If•,i "-IV•).er $:'411'■ IAf:G' ` :r :Hu-.titer- an-' I ilorr ver1.3;o?J, , GI - .'.,GL i4.''u�I��,}vr ___ __•_-_ _ - ., . a.I :I ‘1-':-..Illy:-I.: l _ ! 1 'EC-T : IAN: NAnrIJ 'VENT ._ - _ _ _ ni1:' F - ,'3%1 . 1 . __ . . . .. . . . - - - :' on -I ,huh:e overr,ead crier'h riJVIKC,Iy EP '1L I7.I, AC F EEOR: - - _ nc'.n:< - erluls ' _ _ - _ - - • _ .. __ - -4IA3 - . . . . . . 'I,-JEV',li ld - - _ -- _ . . .. .. • 'b' p�.tl'r ,n[i rd ler it �L�. ,I."-[' nr.I - _ - ;T e roll plus tI r Ilnd rrafe II _.er.VJ'7,C . .. of IJrJ o'UH II =r'F -'.T - LI .1 F'ICI '.sn'n, in ,' rrl-nnl ., p9-H - . _._ ___... ^•111 • _1' r .l - . . FL .1'.v-TG)N - :..11 ' , Iu,lrr-eaIcr iris Cade$f', I - ZONINr=Pb°Mll It , I S22Ii ii un-applicant hues the uppeu, _ b 187 uppoul tee AN be.a deposit and the applicant v II oe billed for any, • additional costs'of processinc -he appeal on a staff time DEVELOPMENT APPEAL • and-mbterials,bdsis. If,a-member of the public files on appeal,the•appeal fee shalfbe.$187 and any additional costs of processing the appeal shall be billed to the poF1'IrbKrren,8lcfctirneor rencleriOI5hos — - - FKr,r,1 Y.'', . _ ' E.'TEr131F J! T 51,-"o2'., I.'m rd n etcr�o r;327 . _ !I:.I.1.f;1 - rip r-ijIcHaisover 4q.,bU u - estimated cost or$2,079, •p ,I ICl ,Ft t.rEP Pte.', SP. - _ _ n_erI_•7reoter plus staff time and•materials PUELICI ._;.r IITF -�S. I':-R : it fM_Iri 1.7n^00 and lessthan$1,000,000;4%Of - _ - o•I I-- '.;1r . I_., clofr time and mo+enclr P'.um '.1,(1:20 CE.), 27, Ls'rncrf: 1 ,r-,t nlusS'UIi ' F..BLdGI h';Vhi. -II .. _vreT. - - - EI FI I r A I_'•- '. -I '_L Aooc ' 'r IC L.r. L liFEEiALIII• ✓/ 1of9 City Of Petaluma Fees EXHIBIT A Proposed 2008/09 Fees.(as-of,7/1/08) ^UTSIDE cc dcR nuATCO - - .5ccn nIlic vtnff time and mntrain< e T1C rT;te•-ah „, e_ r .4 FP, ENGI1N FI -; • ,. t • _ _ El>-c�-a. �_��� _ s .._.1 slat fn'e o'. d Ind as - l; of aorrova of DICE, 10 pion .I L.l; c c-n '1,01' vino T•,e mr Jr t , shal r rrrine_f-o I OU It of t1E r do-p-c, f . -•. d on b"i11Urg 7nfd e( im faction MARINA ' TURNING BASIN r:f TF F'DUAt M r Jc f^-I - .. _ .. .. Tr 5 1-1 -_,E• • _ -_ -$BF✓- mon'blip ^ff . d• r»,,,=n 21 3)f$12: -40 , $1- PUBLIC WORKS C. J..:48 • coe:•yi .. Cn EF C n.-'_':Y L71 Fi�1 �C lei-osil . - Imatc- naG EI .-_ .. ...._. _.. _.. Ir :„o`j; _F •af55 ADMINISTRATIVE FEES - - - LCD I _,-MLECLJ - u'o� r o x.__ ._.� - 'Iir . .m,ndr rot 135oHio 5=rotnoc-to pG : noqu.rnd. $ -.1 5e: 50.10:1 P. h^r 'd..rk:f_,.lon-n:n - - - - C urf:nor.:,n cites • - - F„IIcc V rFCIO Par Io: Inc aI 51 S Fc -,o.:, tan and oa.,L�ment .!I'�: Clly SPiO `i' r ✓a'. De, art :•co:o gale - $1 L' r S d,f_rrin:300 c- .ra.oi nc(J. S' v wo:k' y 'e9n UL''- -Lrl'iJ ies p-aye - _ _ _cnlra a4 W' IV r__!Pr:7'Y I- 5%odn r -I, •-^P : ' rrc'c,h. Sneer-:�lo,ure $r- ��rry , POLICE DEPARTMENT FEES • SFLCIAL LVENI PLRMII-MINOR $N-Keslaennal $61 -Commercial 2of9 City.Of Petaluma Fees EXHisiTA _ Proposed2008/09 Fees(as of.7/1/08) sF ;., -.=sip nr Tt,raJO, - -• ,67 - . 1en4. . - _ r I I r sC3-:.or-rnerci 1 D. CE I L ,1 ��C�i __ _ l OLI':r_ _r....-,;.;: 3-..E- n C2rc,',nl 1'MT.,:ire a ran-3110U year Hr.',C,.,r . . ' ' lal Jr i _f lcif ye. r. _ - AVOIPL^- 1i4,5 . ' - - - Sher'-$111 - . • - .. - - [St 'CI3C O arm it..rlenaur year. - - - - - Sl ant $222 • - Ea:Jr c-Suit-- d t;ISO n'fin: in a Cale"iur ;q--.. t Auob e -i.=75 _ - - - ;1•-.nt-$G13- L13 AI Ten . . ,orn:n - - LC;.1S: 'nrr,.. Cr n'�E c n l l TICS -:OcT ' Ur 1_ l0 Canes kr.Cnnene r.,n pcau-s ur trot::-5_. 5 pa-; nane • FIRE DEPARTMENT FEES .. FIRE PLAN.CHECK.&INSPECTION: Ne Commercial $384 or-25%of Building Permit Fee,whichever is greater New Residential .$275br.25%of Building Permit Fee,whichever is greater New Tenant Improvements $165 oi-25%of:Building Permit Fee,whicheye c.nreat-r - FI:E COMPANY Rh-INSPLC ONd Ft:renupection--No Charge 'Second reinspection--$88 $ Third and"'ti5 n'1 r+reinfrantians--$165'each rIR[F,•L Lf.fn1-fl FES701.511 F 1f.1 1 Lt15_ . r-_InCa'' 1cr 'ie<:•-No -narcgo ri-D,He taISb a Ora r cc'.'._:r.rlr -,;'.]r - .,_..2) aft?am - r,rs ihrec L_u.p3 it, c,uc ii_i ..wm iu,0 year- No-Charge PUBLIC ASSISTANCE CALL 'Fourth andsubsequentcalls to residential address in calendar year,--$77/each I:.tc•r^mmarial address-5110 each 1l1 AMBULANCE CALLS J c . a Lila o . t Inre c C:no ran r J^;s n.,.r I RI c!F)EN:11 5846 ' A AS-S rl L In'.' • BLSE-1.1 1..es h LEA= ur 1 - '- ;l; to I rl hb'I,' f1l c1 ..la', cl r'f)RIL _ _ - SSZ; - Lial r ".I-I-'E':IL[PT 175 RI ' g n• _.... BI '- A.....SSMtNI-NUN-KLJIUENI $2,O '/fYV1 1 3 of 9 City Of Peialtima Fees EXHIBIT A Proposed 2008/09.Fres(as,of'7'1/08) _ PENALTIES I.D Ou it'171 `ERP,(r " FA F ..,'.II FF.-S IN rF li.-CIS'.N . ' UNIFORM FIRE CODE(UFC) FEES: __ . ._.. _ .. .. 3 27 ... ......_. Ili H CC $',1.58 .. . . $253 in- '.G_ _j,iSS MI - S=()' UE .F A - ?2C OF IL I L:J.IS 7- AE <<' - "If S_'22 CF 2J' - . _ UI - rI F ..IIJN _ - l �' ie $3.P.i Der •r llol:r 'Jcvl�c "-FI�:E L'.•. -.ST FG-e r rr. L FI-vIIJ.I L C FII'r A -C'JUN r Sl / ... . . IU Rf - ¶' It -'RI .. .. i in l _ - rj ..- UE H P.,GE4_i TI ED',.' ,7rS °$` Ui 541 . . _ . _ _ ip:nlJ :Y.t S �311: . . . . _ UI - iu . ai FLE"_= 6 '. . $2 2 u' ..I. UN- :'FN- NDUS4:Ir.L B/I, r lAu $22 . . - _ - Lir - . E.-n Fu-/ ID- J'C1U'.F ,. III _ 1; 6'ND.FI47, • N - 3z;G- LIF. a' r _- _ F=4. HAZARDOUS MATERIALS(HAZ MAT) FEES: HA/ w14 : CS,. S-t: I ! H. - =N,_EI ;1° H - C. AUC=r 7 . 4.1.1 - H S 121.' ? I I—E_. H -ir1'P :A.N .,, H 7C it 06> F. .dd,=.-5 . - H /,t C_,r r I S '.>FA E R .,". .. .. H _ ,AI 41VL ;F' WA2rHA F R 4A ... rd- --&a'd 5ov 10'- . r . . . /` 4 of City'Of:Fetalumc Fees - EXHIBIT A Proposed 2008/09 Fees(as-of.7/1/08) 6A7 n'A: :ARr E GPCIiHH.-ST--^A(Fr Rc :F in ¶197 'If !OT "HU`IF 32 .5 - Hi It- a'1r 'JS � f yd� H, - v, or trr. - - of OL L,OSURL - - - - - T.: - • H! - - _ - - H= - - 5500- - - . ir, • _ L, • TIFF: .4_A.. LATICH TER $-'59 Hl - 5 --. H. ... . . .. .. . .... -- _ _.. . ->. r's'-- - . .. -. . AN rid Al STATE tI I F,_H A R5:C(Shall be added to all CUPA Permits. State surcharges are established onn.1n', by the California Environmental Protection I Aperv_v I U=.al EPA:` 'C I:(_"F If li. ed I e - .titt,: .. . f'' • - I nr - e` .- Fe: - - - - Under 2r i"Irls H h _et i ,,: F'- -al.EH' ANIMAL CONTROL FEES • .5 f C • . . __ - -_n. - RABBiT 4DOPTIrdt II'iCLUDES:,PAttr.CUTCPI - $7dt - T t- {LE r^ - - r: • - - IC'rTIb -... O $5S r Si- - LFFTE R H l�LT5 f = ' . - - - -eJUr4,n1i:1lt-�-2. - _ - - Hirt: stcb..ec._en-Inciclerit•-.-;J5/oach . REDEMPTION FOR IMPOUNDED DOG OR CAT-i+LL,2 :1N3vSAL Fi-I ,,-_ dent-$38 Sc:: tar• incident-$71 • in-rl;r. -:rl ul nr 2ntinnir]antc $1 oi./ec=h - aP ' N -,= LI LT.,:-< - - - - - -;,17e-359 - kFGEP:T.-Tf.'!FE° F 'll.'1- . . - - SSL per tint - - - \I r I'. rrF i r ' pet-cap - • • Srnau anlnici-4Lu Cat--$50 - DISPOSAL AND EUTHANASIA Dog under 20 pounds --$50 Don.120 to 50-pounds)•--$66 Do_,'',over 50 pounds)-$94 C 'cnncnI is/Shove fees. less¶1 1:minimum chortle 441 5of9 City:Of Petaluma Fees EXHIBITA _ Proposed 2008/09 Fees(as of 7/1/08), 1/, ■ TY/9 32 • • ur '1, r,.uads-$1, 0-24 pounds-$127 25-49 pounds-$137 PRIVATE CREMATION 50 to 74 hounds-$149 • 75-99-pounds-$192 100-120 pounds'--$220 Overl20 rounds-$p5 1-. - is . N F21 'Is3 An moil -_ - . Alt'An' 525 1RR_14 rt--',=N AL.. LNH.nr -r`TEO_ jI Hier - N9,n-F.- 1-Jent-- _ rl'-°I_I�, N'.;1=L -tr_ 11 1-1-Y1 JO BR ... ...--:unpin r 4R' • ' 'AV !; I I;IFO_C IL 'd ': Jf21-, Ii N IV:: \r- < 2AFIAN 1' g.- ANr+:.L '__".- L l_ k .>i_ir_. h' _ 2R3 PIUS c)Encir:L ., . . .. .. _AHD,- _e-s ,nuc $1a5 f.i .,J k uar�rg t:_s PARK AND RECREATION FEES Coto iLR nrrd _:GI'.. RECREATIONAL)WdviMING '$<.uu Youth;$1.00 Adulf,.Supenibion $4.00Senior,$5.00 Adult $20 for a•12 swim pass-Youth $50 for a 12 swim pass-Adult -$50 for a 15 swim pass-Senior $195 Annual Pass-Adult ¢,.c °CAA-Y.'.ifh cnN enrol C. for • . -.;>ONC .. 11;0 1/2hrle- -crpq ,.easor PRIVATE PARTY POOL RENTAL I -50 people •oujnoui 51-100 people$90/hour 101-150 people$l00/hour 151-200 people$110/hour 201-250 people$120/hour 251-325 people,$130/hour 3nLeoc ner'clu <Idnmr,,,r rrrr a El l-41=E l= Lh _ Softball-L$675 per teen ADULT SPORTS - Volleyball-$354 per team Basketball.-$675 per team • °n- Gym-s -^.^°•scr -_. _. ,;A,rc R?Ce Jl JnJ 'ee L19OE'ir Cn`. sI $ieteac� ru I ticr �,l rtyccitic,cii t 'Lta l'.e i- ' nai �n pcar�n YvJ,n PROGRAMS ruds.raub-$145/week "K-2 Summer Camp"-$200/week 6of9 • City;Of Petaluma Fees EXHIBITA Proposed 2008/09'Fees(cis of 7/1/08) Explorers Camp-Trip'Program$250-$350 Camp Sunshine-per week-5/days/week-$125 full day; F THE-s/TH ITT 1- CDC,R .v_ _ I:r` icI oirrJv e ,_cd—I _.:k_ 533r-o • Inv Tot -3 do,±^:+ eL-3rGE;no- - i'rr rcIs L dcvs h.^ear. j2IL/`r,o _,. _._ 'd L1Ur "vcApr:FL -'fU[S .. ear ..-. PARK PICNIC RENTAL _ HrAPG PO:Ifs - - - %I ..,Afti r. I cc, up ln5' 6 .,e perevent - - b".'. J:-,.ric.l Ur F c,.`,n-V" C. 1 k? eJ'p-e You v- - _ Petaluma Non-Profit(No Fees to Attendees) it _ - _ _ $100 percny • • Petaluma Non Profit(Fees to Attendees) 4135 per cay Petaluma Resident • Fal SOLr a DnrIe - - $10^per any • Non-Resident $i/5 per-UV • - Commercial 5 • Government/Schools BALL FIELDS ._J .. . .. • F.'VATE FAL_°ELD J'P 'i P_F •_tM ' FRIVAth BALL NELL) IURF RENTAL-SHORT TERM Sou/nl_xcauents $90/hr Non Residents $25/hr Youth leagues lie `._,..v?s/hr extra rar°':.er-Sc- • a e. :rrnineJ .,cs='_ Cr- In n alga ameanl :f dyiur;at: v p,_r ae h.,{:1e F I- o,.i n ember G- CENTEP Pc-OM RENTAL 6UENl $20 pc' .your (Non-Profit/No Fees to Attendees) i lICTHr-H_ ?T [FT- • MEET-II ti i,MEETI ,.�r. (Non-Protit/Fees to Attendees) ��E6ffiL _ v..5 Fe r, '- '"IT CLE' - - - z� 1 Id`;•i. - MEFT .. - - • $ `-cu C _ (Private - Resident) 7of9 • • City Of Petaluma Fees EXHIBIT A Prorosed 2008/09.Fees (as of,7/1/08) vi l r.^^.F . rx__, M im r.. AfT7 L (Private - Non-Resident) _ _ A(_11.11 C_LLI+. 1rr- KIICIIE`. HE $1 15 fly o, • - - ^-E1tH -U i. flour i/.LETIP.G Fr;.::M ;. hour + T q ; . _ L- "_." - ' - ' - - - .9,-');-, r a ' (Commercial) A 1 TI 'LL1 FL.' _ 5'..0'i nr to, 1 'E T:U 30,m > L no!. SENIOR CENTER ROOM RENTAL . ^,D'lr1T h .-.,/ I Nan-Profit/No Fees to Attendees) -R'F7,_1 021. !BE1. M,T', - o✓ ar,-- ATI--''J ,.111T'I FFF Ili a' - - - _- ". _ - - -:..1% o u - G 1 21 _ p.-, (Non-Profit/Fees to Attendees) 'FA>Y.LO'_NCE LC?BY V,II. - ;25 h-ur • s-IL - - • p t _ur G 7 -S --itfcc H E - - . 'al r,c - - . Private - Resident '.D'. CI = 'RA'I, L-).N -EI'L° Y f-iV- _ _ _ ) r I-LCr1R $ flu: - - ' O - — . _.. . ... .... ..... . . . .. ... . _ _ Private - Non Resident °51'c,ir R ". G TEES ic, JII,-_ L. 2 - - _ -01 T0C- _._ _ Commercial RI f . n'_ .; I l'Di_ - $1l,L,a,1 - G I PEE 'feu 1 U� lee H E - - T 1I_.' le^ 8of9 City 01 retaluma Fees EXHIBIT A Proposed 2008/09 Fees(as of 7/1/08) CAVANANGH CENTER EC". RENTAL, LILDt ,R1'fE,DENT*, R,4SE°VCE 5' .,, :20 hoU f _ . (NonProM/NoiFees to Attendees) EETi ,ROOM �', 10 h . • ■G`YM 15h (Non.4:-/Fees to Attendees) ME tN ORG O)v "" �. a ° $La$q ;"; `-i i ;._ Private-Resident r . g3t$ rNkA—k4lrkhetittk1/4 4'4 ME HG ROD $ ''' ' �f T ° Private.-Non Resident.. -m. SEE' ''' ROL?�+,. =:a dr, n$25 hour ,� t ,; ..roe, GYY ''' O ;f, z. '$30 v f um Ana Commercial M EYING ROD S.C. w ,t . ,z-1 T $3(Yh.ur _'.4 rikia-Acr?"' ' � ft 51:urs rtat • 9 of 9 • • Community Development Depar ATTACHMENT 4 .P L Zl 11 English Street Petaluma, CA 94952 qz Phone 7117-778-4301 TAU ! Email:edd ri,ci.petaluma.ca.us `i l,t Web: www.citvofpetaluma.net/edd P E T A L tI M A Build ItGr'een Building • Geographic Information Systems • Housing f -- rr . .f?� I8 5g Neighborhood Preservation • Planning CITY OF PETALUMA DEPARTMENT OF COMMMUNITY DEVELOPMENT COST BASED FEE SYSTEM Agreement for Payment of Full Cost Recovery Fees for Application Processing and Inspection Services (Not required for-flat fee applications; contact Community Development.Department or consult adopted fee schedule if you have questions.) Applicant Agree(s) to [Print names of ProperiyOwner(or Authorized Agent)and Applicant(fdifferent from Owner)] Pay to the City of Petaluma all reimbursable costs, both direct and indirect, including State- mandated costs, associated with review and processing of the accompanying application for land use approval(s) with respect to the subject property or project located at [Location,Address or Assessors Parcel Numbers(s)] even if the application is withdrawn and/or not approved: Reimbursable costs include but are not limited to all items within the scope of the City/s adopted Cost:Recovery Program, (Reso.2004- 028 N.C.S.) as well as the cost of retaining professional and technical consultant services and any services necessary to perform functions related to review an&processing of the applications and monitoring of the work. Owner and Applicant understand that one or more deposits will be required to be paid by Owner and/or Applicant to cover the costs noted above at such time(s) and of such amounts as requested by the Community Development Director or designee. City agrees to review and process the application in a timely manner in accordance with this Agreement and all applicable laws, regulations, ordinances, standards and policies. This agreement applies to all subsequent applications related to the project. Owner and Applicant understand and agree that nonpayment of processing and inspection fees pursuant to the City's Cost Recovery Program may, at the sole and exclusive discretion of the Community Development Director, result in temporary or permanent cessation of processing of the application or inspection of the work and, after notice, may result in the denial of the application and/or order to cease work. Prior to completion of processing of any phase of the project, any and all outstanding amounts due pursuant to this agreement shall be paid. The Community Development Department will withhold issuance of further plan checks, entitlements, permits, certificates of occupancy, etc. until all required fees have been paid in full. The Applicant -agrees that questions regarding specific charges, for processing, monitoring, inspection and related services that may be questionable, lack sufficient documentation and/or S'APlan Dept A ferns VCost Based Fee System doe g94- Community Development Department • City of Petaluma,:California may be incorrect must be brought to the,City's attention no later than 30 days following receipt of invoice and corresponding documentation.. Failure to comply with the aforementioned procedure within the specific time indicated may, if research of billing information is requested, result in additional charges for clerical time spent and will be.biIled at our cost recovery rate. Please note that with the exception of documented disputed amounts, finance charges will be assessed at the rate of 12% per annum or 1% per month on all past due amounts. • In any legal action arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including costs and attorneys fees. As part of this application, the Applicant agrees to defend, indemnify, release and hold harmless the City, its agents, offices, attorneys, employees, boards and commissions from an claim, action or proceeding brought against any of the foregoing individuals or entities, the purpose of which F. is to attack, set aside, void or annul the approval of this application or adoption of the environmental ;document which accompanies it. This indemnification shall include, but not be limited to, damages, costs, expenses, attorney fee§'or expert witness fees that may be asserted or incurred by any person or entity, including the Applicant, third parties and/or the indemnitees, arising out of or in connection with the approval of this application, whether or not there is concurrent, passive or active negligence on the part of the indemnitees. Nothing in this agreement shall prohibirthe City from participating in the defense of any claim, action or proceeding. In the event that the Applicant is required to defend the indemnitees' in connection with any said claim, action or proceeding, the City shall retain the right to (i) approve the counsel to so defend the indemnitees, (ii) approve all significant decisions concerning the matter in which the defense is conducted, and (iii) approve any and all settlements, which approvals shall not be unreasonably withheld by the City. The City shall also have the-righfnot to participate in said defense, except that the City agrees to cooperate with the Applicant in the defense of said claim, action or proceeding. If the City chooses'to have counsel of its own defend any claim, action or proceeding where the Applicant has already retained counsel to defend the City in such matters, the fees and expenses of the counsel selected by the City shall be paid by the City. The Applicant also agrees to so indemnify the indemnitees for all costs incurred in additional investigation or study, or for supplementing, redrafting, revision or amending any document (e.g., the EIR, Specific Plan Amendment, Specific Plan, General Plan Amendment, Rezone, etc.) if such is made necessary by the claim, action or proceeding and if the Applicant desires approvals.from,the City which are conditioned on the approval of said documents. The undersigned Owner/Authorized Agent 'hereby represents that he/she either [ ] personally owns the subject property or [] is an entity authorized to install and maintain facilities for provision of utility, telecommunications, video, voice or data transmission service in the public street right of way or [ ] is a duly authorized agent of the Owner with full authority to execute this Agreement on behalf of Owner. Applicant agrees to be jointly and severally liable with Owner for payment of all fees referenced above, Applicant agrees to notify City in writing prior S:APlan Dept AfonnsVCost Based Fee System doe TW Community Development-Department •'City.of-Petaluma, California to any change in ownership and to submit a'written assumption of the obligations under this agreement signed by the new owner'onhis/her authorized agent. Project Description: Invoices are due and payable within ten (10) days. A penalty will be charged on delinquent accounts at the rate of 1%o per month or 12% per annum. Owner agrees that delinquent amounts shall constitute a lien on the subject property and expressly consents to recordation of a notice of lien and/or copy of this Agreement against the subject property with respect to any amounts which are delinquent. S:APIan Dept A forms VCost Based Fee System.doe Th Community Development;Department City of Petaluma, California Name of Property Owner: [please print] Title: Telephone: Address: Date: Signature of Property Owner/Applicant or Date: Signature of Authorized Agent/Written Verification Sighed'by Property.Owners Must Be,Submitted Designating the Authorized Agent and Date: Signature of Applicant (if different from Owner) Date: Signature of Staff Member Verifying Agreement Complete FOR CITY USE ONLY: Name of Applicant: Name of Property Owner: Address of Project: File No. Type of Application: Fee Deposit: $ Receipt No. & Date: Plan Storage Fee:,$ Staff Member Receiving: Date Received: S:APlan Dept A forms VCost Based Fee System.doc Flh-� ATTACHMENT 5 �€ AL 6. Community Development Department I I English Street Q Q Phone: 707-778-4301, 94 ' I��` � Phone: L. Email cdd(rdci.pctalnma.ca.us L v�Q\ '.' 't r( Web: an w.eitvofpct luma.net/cdd P C T A L U M A Build It Green j 85 $ Building • Planninga:bu Fee Schedule* All Fees Subject to 9%City Administrative Overhead Fee Application Type Adopted Fee The following application types are Fixed Fee: Address Change $170 Fence Permit $97 Heritage/Landmark Tree Designation No Charge Home Occupation Permit $97 Sign Permit $97 Street Name Change $170 _ Telecommunication.Registration Fee $652 Telecommunication Removal Agreement $6,556 Zoning Permit(Temporary Use Permit) $227 The following application types are Cost Deposit Amounts Recovery (deposit plus time and materials): Addition/Remodel in City-Approved Historic District $964 plus time.and materials over$964 Annexation $5,897 plustime and materials over$5,897 Appeal $1931 plus time and materials over$193 Building Permit See Building Permit Fee Schedule Certificate:of Compliance $3,402 plus time and-materials over$3,402 Conditional Use Permit—Major $4,254 plus tiine and materials over,$4,254 Conditional Use Permit—Minor S1,620 plus time and materials over$1,620 Determination of Public Convenience&Necessity $2,835 plus time and materials over$2;835 Environmental Impact Report Consultant Fee plus 25%administrative overhead and the actual cost of staff time and materials Exception $1,077 plus-time and materials over$1,077 Extension of Time S335plus time and materials over$335 Final Map Amendment $5,671 plus time and materials over$5.671 Final Parcel Map(4 or fewer lots) $2,211 +$2,578 Deposit.for rEngineering Tech Review Final Subdivision Map(5or more lots) $2,893 +$2,578 Deposit for Engineering Tech Review Flood Determination $114 plus'time.and materials over.$1 14 General Plan Map Amendment $4,990 plustime.andlnaterials.over$4,990 General Plan Text Amendment $4,877 plus time and materials over$4,877 Initial Study _ $5,000 plus time.and materials over$5,000 Lot Line Adjustment/Merger $2;495 plus time and materials over$2,495 li Mitigation Monitoring(Pest,Approval) See Note Below" Outside Sewer/Water $567 Preliminary Review—Staff $2,608 plus time-and materials over$2;608 Public Improvement/Public Construction&Inspection <=$500,000: 6%of engineers estimate or$2,143;whichever S:\Planning\Fees\Planning_Fees rev 11-29-1 I.doc Community Development Department -City of Petaluma, California is greater plustime and materials >$500;000;but<=$1,000,000:4%of engineers estimate. • >$1;000,000:-2%of engineers estimate. _Reimbursement Agreement $I,134,plus.time and materials over$1,134 Right of Way Abandonment .$I,134.plus'tiine and materials over$1,134 SPAR Review—Major $5,217 plus time and materials over$5,217 SPAR Review—Minor $1,620 plus time and materials over$1,620 Specific Plan $7,600 plus tithe and materials over$7,600 Specific Plan Amendment $7,600 plus time and materials over$7,600 Subdivision Ordinance.Amendment $4,480 plus time and materials over$4,480 Tentative Map Amendment $5,671 plus time and materials over$5,671 TentativeSubdivision Map $7,315 plus time and materials over$7,315 Tentative Parcel Map $2,950 plus time and materials over$2,950 Variance $3,686 plus time and materials over$3,686 Zoning Amendment- Minor Revision—PUD/PCD/SPPUD $964 plus time and materials over$964 Zoning Amendment.—Map $5,388 plus time and materials over$5,388 Zoning Amendment—'Fait $5,047 plus time'and materials over$5,047 Zoning Code Compliance,Code Review for Business License $25 Note: All applications•identified.by"Deposit+Time& Materials"means that applicants will be billed for the full cost of processing the application based on City staff,contracted consultants' and/or attorneys' time and materials over and above the amount of the deposit. Staff hourly rates shall be determined for City employees by annual fully burdened regular work order rates established by the City of Petaluma Finance Department for the given fiscal year(s)inwhich the application is processed. Hourly rates for the City's contracted planning services provider shall be those cost recovery rates contained in the City's contract with its planning services provider for the time period(s)in'which the services relating to an application are provided. Hourly rates for services of attorneys and'personnel in the City Attorney's office shall be those cost recovery rates and charges contained in the City's contract with its City Attorney for the time period(s)in which the services pertaining to an application are provided. Hourly rates for technical and professional consultants;if required,shall be those rates as charged to the City by the consultant(s). For applications requesting multiple entitlements,deposits shall be the sum of the individual application fees and/or deposits. If an applicant files for the Appeal, the$193.00 appeal fee shall bea deposit and the applicant shall be billed for any additional costs of processing theappeal on a staff time and materials basis. If a member of the public files an appeal, the appeal fee shall be $193.00 and any additional costs of processing the appeal shall be billed to the • applicant on a time and materials basis. ii„Mitigation Monitoring” fees shall be based on full cost recovery (deposit plus•staff time and materials) and required as a condition of approval Of every application requiring mitigation monitoring. The Community Development Director shall determine the amount of the initial deposit based on the nature and scope of the mitigations. 2 S:\Planning\Fees\Planning_Fees rev 11-29-11.doc ATTACHMENT 6 12O '*&n Old 24 . 010 ( AVY�A L4 c. A determination that the granting of a'v_ariance will not result in increased flood heights, additional threats to public safety,extraordinary public expense,create nuisances,cause fraud on or victimization of the public asidentified in Section 6.080(D), or conflict with existing local laws or ordinances. 5. Any applicant to whom a variance is granted shall be given written notice that if any structure is permitted to be replaced with a lowest floor elevation below the base flood elevation that the cost of flood insurance will be commensurate-with the increased risk resulting from the.reduced lowest floor elevation. A copy of the notice shall be recorded by the Floodplain Administrator in the office of the Sonoma County Recorder and shall be recorded in a manner so'that it appears in the chain of title of the affected parcel of land. G. Referral or Appeatto;Planning Commission. The Zoning Administrator(Director)may refer any application for a variance to the Planning Commission for action; or any person who disagrees with a ruling of the Zoning Administrator may appeal such ruling pursuant to the procedures set forth in Section 24.070. H. Action of Administrator,or Planning Commission. The Zoning Administrator(Director)or Planning Commission may grantthe variance,or may grant the variance subject to specified conditions,or may deny the variance. The Zoning Administrator shall notify the applicant forthwith of any action taken. I. Public Notice.All property owners within five hundred (500)feet of the boundaries of the property at issue shall be notified of a proposed variance. J. Recurrent Conditions. No variance shall be granted if the Zoning Administrator (Director) or the Planning Commission finds that the condition of the specific piece of propeity,or the intended use of said property,for which variance is sought, is so general or recurrent in nature as to make reasonably practicable the formulation of a general regulation for such condition. K. Lapse of Variance. A variance shall lapse and shall become void after(1)year following the date on which the variance became effective unless prior to the expiration of one(1)year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application or a zoning permit is issued authorizing occupancy of the site or structure which was the subject of the variance application. A variance may be renewed for an additional period of one(1)year provided that prior to the expiration of one(1)year from.the date when the variance originally became effective,.an application for renewal of the variance is made to the Zoning Administrator (Director). The Zoning Administrator may grant or deny any application for renewal of variance. L. Enforcement. Violation of-a variance, or of any conditions.-attached thereto, shall constitute a violation of this Ordinance and shall be cause for enforcement action in accordance with Chapter 26. M. Transferability. Unless specified otherwise at the time the variance is granted pursuant to the provisions of this Chapter,it shall run with the-land and shall be valid for the successors in interest of the original grantee. N. New Application. Following the-denial or revocation of a variance, no application for the same or a substantially similar variance on the same site.shall be filed within one (1) year unless it can be shown that there has been a substantial change in conditions or environs. 0. Appeal.As prescribed in Section 24.070. 24.070-Appeals A. Purpose.This section establishes procedures for the appeal and review of determinations and decisions. B. Appeal Subjects and Jurisdiction. Ordinance No. 2300 N.C.S. 171 (PO 1. A decision on an administrative site plan and architectural review application or historic and cultural preservation application may be appealed to the Site Plan and Architectural Review Committee (SPARC). 2. A decision on an administrative historic and cultural preservation application may be appealed to the Historic and Cultural Preservation Committee. 3. A decision on an administrative conditional use permit, exception, or variance application may be appealed to the Planning Commission. 4. A decision by the Community Development Director/Zoning Administrator may be appealed to the Planning Commission. 5. A decision by the Site Plan and Architectural Review Committee may be appealed to City Council. 6. A decision by the Planning Commission may be appealed to City Council. C. Eligibility.The applicant or any other interested party may file an appeal. D. Timing and Form of Appeal. An appeal shall be submitted in writing and filed with the City Clerk on a City application form within 14.days of the date of the decision.The appeal shall state the pertinent facts,the basis for the appeal, and the relief sought by the appellant. The appeal shall be addressed to the review authority as identified in Section 24.070(B). If no appeal is made within the time limits,the decision shall be final. • E. Report and Scheduling of Hearing. When an appeal has-been filed, the Director shall prepare a report on the matter and schedule the matter for a public hearing by the appropriate review authority as identified in Section 24.070(B).The appeal shall be scheduled in a timely manner. F. Public Notice.Public notice of the hearing shall be provided at least 10 days prior to the hearing by mailing to the applicant and.all owners and occupants of property within 500 feet of the boundaries of the site that is the subject of the appeal. G. Decision.At hearing on an appeal, the review authority may consider any issue involving the matter that is the subject of the appeal,in addition to the specific grounds for the appeal.The review authority may: 1. Affirm,affirm in part,or reverse the action,determination,or decision that is the subject of the appeal; 2. Disapprove the'land use permit approved by the previous review authority, even though the appellant only requested a modification or elimination of one or more conditions of approval;and 3. Adopt additional conditions of approval that may address issues or concerns other than the subject of the appeal. H. City Council Approval.Approval of a land use permit by the City Council shall become effective immediately after it is granted by the Council. 24.080 - Issuance of Permit or License A permit or license (building permit, grading permit, business license, etc.) shall not be issued until the appeal period for the approved application has expired. Ordinance No. 2300 N.C.S. 172 �n W