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SR-11-A (23) . 2//-oo~ . , I-A SEP 11 1990 Cal i ~~nila 8 1990 CjED:PB:DKW:LM council Mtg: September 11, 1990 hpjplngfee Santa Monica, TO: Mayor and City Council FROM: city staff SUBJECT: Recommendation to Adopt Resolution Setting Various Planning Fees INTRODUCTION This report recommends the adoption of a resolution setting planning fees for various services that were not included in the last Planning fee adjustment. The new fees are for additional services which resulted from adoption of the new zoning ordinance and adoption of the Ocean Park Rezoning Plan, as well as a fee for a specific service which was not considered during the previous fee study. Also included are fee reductions for proposals with multiple applications. BACKGROUND In November of 1986, the City contracted with David M. Griffith and Associates (DMG) to conduct a comprehensive review of all then existing City user fees in order to determine the extent to which fees charged by the City for services paid for the full cost of providing those services. Based on results of that study, DMG recommended several increases in fees then charged by the Planning Division, as well as the establishment of several new fees. On February 2, 1988, the city council approved the recommended fee increases, and the establishment of several new - 1 - IsJ7ltn SEP 11 19'9U . . fees. Attachment "A" outlines those fee increases approved by Council. On April 12, 1988, the city Council adopted Ordinance 1437 (CCS) adding Section 9210 to the Santa Monica Municipal Code which authorized the City Council to establish fees for the filing and processing of applications with the Planning Division by resolution. Finally, on April 26, 1988, the City council established new fees (Resolution 7607) for applications in use by the Planning Division. On August 8, 1988 the City Council adopted a new zoning ordinance which became effective on September 8, 1988. The Zoning Ordinance added various types of new permit applications for the Planning Division without setting processing fees for new permits. Since that time, the City has processed these applications without any filing fees. Further, on september 26, 1989, the City Council amended the zoning ordinance to include specific development standards for the Ocean Park district. The amendment created a special class of permit called the Yard Modification permit. The Yard Modification permit, as adopted, did not require a processing fee. DISCUSSION The adoption of the new zoning ordinance created several new classes of permits that are processed by the Planning Division. These include: 1) Performance Standards Permit, 2) Reduced Parking Permit, 3) Temporary Use Permit, 4) Reoccupancy Permit, 5) Yard Adjustment (for Ocean Park District only), and 6) Alcohol Exemption Determination. In addition, the Administrative - 2 - . . Approval application, which existed prior to the adoption of the new Zoning Ordinance, does not require a processing fee at the present time, and fees should be created to cover processing costs. Reduced Parking Permits and Yard Adjustments involve processing times similar to those of Variance applications. Both permits would require filing of a Zoning Administrator application form, analysis by a planner and the zoning Administrator, public notice and hearing, and preparation of a written action statement. The report prepared by DMG indicated that the City's processing time for a Variance was 23 hours. The report further recommended a $600.00 processing fee for variance applications. Reduced Parking Permits and Yard Adjustments should, based on their similarities with variance public noticing, staff analysis and report preparation, also have an application fee of $600.00. Performance Standard Permits, and Administrative Approval Applications involve a similar degree of staff analysis, however, there is no public notice requirement. The report preparation requirements for these permits are less involved than Variance applications. The typical permit processing time for these permits is similar to a final map ($350.00) and Architectural Review Board ($345.00), and as such staff is recommending processing fees of $350.00 for Performance Standards Permits and for Administrative Approvals involving constrL~:.ion of projects of 500 square feet or more. A lower fep of $250.00 for Administrative Approvals for smaller proJects, and for Administrative Approvals for changes of use is recommended, since - 3 - . . these types of permits typically involve lesser processing time. Processing of Temporary Use Permits, Re-Occupancy Permits, and Alcohol Exemption Determinations are also less staff-intensive than the above-referenced permits; a fee of $250.00, comparable to that for the present deed restriction fee is recommended. An issue discussed in the DMG Report on Fees and Revenue related to Planning Division fees charged for projects that require multiple applications. The report stated that it is difficult to determine the specific reduction in review time associated with proj ects that require multiple applications. Any reduction in processing fees attributable to a potential reduction in processing time is variable depending upon the combination of permits being requested. At the time the DMG report was being prepared, the Planning Division recommended that 100% of the highest fee be charged, with one-half of the individual remaining fees charged for concurrently submitted applications. However, this approach is somewhat arbitrary, and therefore, staff has reviewed other options. staff has estimated the additional time needed to process several recent projects with multiple permits. Although there are some exceptions, generally relatively little added staff time is needed to concurrently process more than one permit when the permits need only one level of review (for example, a Conditional Use Permit and a Development Review Permit, both of which may be considered by the Planning Commission). Application analysis and preparation and review of staff report analyses and findings is estimated to add approximately one to three hours c: case planner - 4 - . . time for each additional concurrent permit being requested, one half to one hour of Principal Planner time, one half hour of Planning Director time, and approximately one half hour of staff Assistant time. This equates to a total of between approximately $75 and $125 per additional permit. Therefore, staff is recommending that in the case of concurrent applications for multiple permits, the highest permit fee be paid, with remaining permits being charged at $100 each instead of their full amounts. staff is recommending full fees be charged for concurrently-processed permits which need a second level of review (for example a zone change application made in conjunction with a Development Review, since the zone change must be considered both by the Commission and council, while the Development Review may be considered solely by the Commission). In addition, full fees for environmental review are recommended since CEQA review processes are independent of 8rocessing actions for permits. staff has consulted with the Chamber of Commerce concerning the proposed fees. The Chamber has no comment with regard to the staff recommendation. A resolution formally establishing the new fee levels must be adopted by the City council prior to the implementation of the approved fee structure and is attached. BUDGET/FINANCIAL IMPACT Under state law, resolution will the take new fees effect established by 60 days after the attached adoption for - 5 - . . residential projects and 30 days for commercial projects. Adoption of the resolution setting new Planning fees will result in increased revenues during fiscal year 90/91, thereby offsetting the cost of staff processing the applications. Based on the number of applications processed during the past calendar year, an additional $ 70 , 000 could be expected to be generated on an annual basis for the zoning application and variance fee account (01-200-266-00000-0156-10000). This figure is based upon the over 330 affected permits which were processed in 1989. Actual future revenues are dependent upon the number of applications submitted, which in turn has a strong relationship to general economic conditions. Revenues for - 1e remainder of Fiscal Year 90-91 are estimated at approximately $40,000. RECOMMENDATION It is respectfully recommended that the city Council adopt the attached resolution setting new Planning fees and increase the zoning application and variance fee revenue budget by an additional $40,000. Attachments: A. Proposed Fee Resolution. B. Fee Resolution adopted by City Council on April 26, 1988. Prepared by: Larry Miner, Associate Planner D. Kenyon Webster, Principal Planner Paul V. Berlant, Director of Planning Planning Division Community and Economic Development Department LM HP/PLNGFEE 05304/90 - 6 - . . CM:JG April 26, 1988 Santa Monica, California RESOLUTION NO. (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING PLANNING, ZONING AND LAND USE FEES WHEREAS, the City of Santa Monica recently completed a comprehensive analysis of all user fees charged by the Planning Department, and WHEREAS, it was determined that the current user fees charged by the Planning Department do not reflect the full costs incurred in the provision of the related services, and WHEREAS, it is the policy of the City of Santa Monica to charge for the full costs of services provided by city staff when such services benefit individual users rather than members of the community as a whole, and WHEREAS, Municipal Code Section 9210 authorizes the setting of planning, zoning, and land use fees by resolutions, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: - 1 - . . SECTION 1. Pursuant to Municipal Code Section 9210 the following fees are established: ADJUSTMENTS: For each application for an adjustment, a fee of three hundred and thirty dollars ($330.00). APPEAL - PLANNING COMMISSION: For each appeal to the Planning commission from any action or decision, a fee of one hundred dollars ($100.00). APPEAL - CITY COUNCIL: For each appeal to the City Council from any action or decision, a fee of one hundred dollars ($100.00). ARCHITECTURAL REVIEW - MINOR: For each application for review of minor projects submitted to the Architectural Review Board, a fee of one hundred and thirty dollars ($130.00). Minor projects shall be defined as any project under 15,000 square feet and any sign application. Projects submitting separate applications for individual aspects of project review (e.g.,landscape plans, signaqe) shall be required to pay a fee for each application. ARCHITECTURAL REVIEW - MAJOR: For each application for review of major projects submitted to the Architectural Review Board, a fee of three hundred and forty five dollars ($345.00). Major projects shall be defined as any project over 15,000 square feet. Projects submitting separate applications for individual aspects of project review (e.g., landscape plans, siqnage) shall be required to pay a fee for each application. - 2 - . . BUSINESS LICENSE REVIEW: For each request for review of a business license application by the Planning Department, a fee of twenty five dollars ($25.00). CERTIFICATE OF APPROPRIATENESS - MINOR: For each application for a certificate of Appropriateness for a minor project, a fee of three hundred and fifty dollars ($350.00). Minor projects include siqnage, paint color modifications, exterior modifications, and additions under 10,000 square feet. CERTIFICATE OF APPROPRIATENESS AND/OR CERTIFICATE OF ECONOMIC HARDSHIP - MAJOR: For each application for a certificate of Appropriateness and/or a Certificate of Economic Hardship for a major project, a fee of five hundred and fifty dollars ($550.00). Major projects include adaptive re-use, building restorations, additions 10,000 square feet and over, demolition, and/or relocation of landmark buildings. CERTIFICATE OF COMPLIANCE: For each application for a certificate of Compliance, a fee of four hundred and thirty five dollars ($435.00). CHANGE OF DISTRICT BOUNDARIES: For each application for a Change of District Boundaries, a fee of two thousand four hundred and twenty five dollars ($2,425.00). CHANGE IN TEXT OF ZONING LAW: For each application for a Change 1n Text of Zoning Law, a fee of two thousand four hundred and twenty five dollars ($2,425.00) - 3 - . . CHANGE OF YARD ON DISTRICTING MAP: For each application for a Change of Yard on a Districting Map, a fee of two thousand four hundred and twenty five dollars ($2,425.00). CHANGE OF ZONING DESIGNATION: For each application for a Change of Zoning Designation, a fee of two thousand four hundred and twenty five dollars ($2,425.00). CONDITIONAL USE PERMIT: For each application for a Conditional Use Permit, a fee of one thousand, six hundred and thirty dollars ($1,630). DEED RESTRICTION: For each request for review and approval of any required Deed Restriction, a fee of two hundred and fifty dollars ($250.00). DEMOLITION PERMIT: For each demolition permit reviewed by the Planning Department, a fee of one hundred and ninety dollars ($190) . DEVELOPMENT REVIEW: For each application for a Development Review, a fee of two thousand two hundred and fifty dollars ($2,250.00) . ENVIORNMENTAL IMPACT REPORT - INITIAL STUDY: For any project for which an Initial study is required, a fee of two thousand four hundred and seventy five dollars ($2,475.00). ENVIORNMENTAL IMPACT REPORT: For any project for which an EIR is required, a fee of two thousand five hundred dollars ($2,500.00) . - 4 - . . FINAL MAP: Upon filing a Final Parcel Map or Final Subdivision Map with the Planning Department, a fee of three hundred and fifty dollars ($350.00). GENERAL PLAN AMENDMENT: For each application for a General Plan Amendment, a fee of two thousand two hundred and forty dollars ($2,240.00) HISTORICAL DISTRICT DESIGNATION: For each application for Historical District Designation, a fee of five hundred dollars ($500.00) . HOME OCCUPATION PERMIT: For each application for a Home Occupation Permit, a fee of thirty five dollars ($35.00). LANDMARK DESIGNATION: For each application for Landmark Designation, a fee of eight hundred and fifty dollars ($850.00). PLAN CHECK: For each plan check conducted by the Planning Department, a fee of sixty dollars ($60.00). RESIDENTIAL BUILDING REPORT: For each application for a Residential Building Report, a fee of twenty five dollars ($25.00) . SITE REVIEW: For each application for a Site Review, a fee of two thousand two hundred and fify dollars ($2,250). TENTATIVE MAP/REVERSION TO ACREAGE: Upon filing a Tentative Parcel Map or Tentative Subdivision Hap with the Planning Department, a fee of seven hundred dollars ($700.00). - 5 - . . USE PERMIT: For each application for a Use Permit, a fee of six hundred dollars ($600.00). VARIANCE: For each application for a Variance, a fee of six hundred dollars ($600.00). SECTION 2. No application, request for review, or appeal shall be filed or processed until the fee has been paid as provided for in this Resolution. SECTION 3. The fees set forth in this resolution shall be effective on May 11, 1988, except that any fees for any residential projects shall be effective on June 24, 1988. SECTION 4. The City Clerk shall certify to the adoption of this resolution and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: (~~.~ Robert M. MyersU city Attorney (pIngfee) - 6 - BEFORE UJSTRIBUTION~ECK CONTENT OF ALL DISTRIBUTION OF RESOLUTION # ? (j ;Y ~ Councll Meetlng Date ~(~~O Agenda I tern # /I~ /}- FOR C~ CLERK'S ACTION ORDINANCE # Introduced: Adopted: ALWAYS PUBLISH ADOPTED ORDINANCES Cross out Attorney's approval Was lt amended? VOTE: Afflrmatlve: ~ r; c, ...<-:; ~ 0( . I . Negatlve: Abstaln: Absent: (~~ ~ PROOF VOTES WITH ~~~~N BEFORE ANYTHING DISTRIBUTION: ORIGINAL to he slgned, sealed and flIed ln Vault. , NEWSPAPER PUBLICATION (Date: ) Department origlnatlng staff report ( Laurle Lleberman) Ordlnances only for Attorney ( Claudla Thompson) 2 Management Servlces Lynne Barrette ORDINANCES ONLY 1 Agency mentloned In document or staff report (certlfied?) SubJect flle (agenda packet) 1 Counter file 1 Others: (Revlew Al.rport Audltorlurn BUllding Dept. ClEO for departments who need to know) . Parklng Auth. Personnel Plannlng Police Purchasing Recr/Parks Transportatlon I Finance General Servo Llbrary Manager Flre Treasurer SEND FOUR COPIES OF ALL ORDINANCES TO: CODED SYSTEMS 120 Maln Street Avon, New Jersey 07717 4 SEND FOUR COPIES OF ALL ORDINANCES TO: Rebecca Garrldo Santa Monlca Munlclpal Court 1725 Maln Street, Room 118 Santa Monlca, CA 90401 4 Total Caples ~1$'3 . . PB:DKW:LM Santa Monica, California RESOLUTION No. B082(CCS) (CITY COUNCIL SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING PLANNING, ZONING AND LAND USE FEES WHEREAS, the City of Santa Monica compiled a comprehensive analysis of all user fees charged by the Planning Division in 1986; and WHEREAS, it was determined that the user fees charged by the Planning Division at that time did not reflect the full costs incurred in the provision of the related services; and WHEREAS, the city council subsequently adopted Resolution Number 7607 (CCS) setting new Planning fees on April 26, 1988; and WHEREAS, the omission of a specific application, and the creation of new applications as a result of the adoption of a new zoning ordinance necessitate the establishment of new application fees; and WHEREAS, it is the policy of the City of Santa Monica to charge for the full costs of services provided by city staff when such services benefit individual users rather than members of the community as a whole; and - 7 - . . WHEREAS, Municipal Code Section 9210 authorizes the setting of planning zoning and land use fees by resolution/ NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to Municipal Code section 9210 the following fees are established: ALCOHOL EXEMPTION: For each application for an alcohol exemption, a fee of two hundred fifty dollars ($250.00). ADMINISTRATIVE APPROVAL: For each application for an administrative approval for construction projects of 500 square feet or more, a fee of three hundred fifty dollars ($350.00), and for changes of use and construction projects of less than 500 square feet, a fee of two hundred and fifty dollars ($250.00). PERFORMANCE STANDARD PE~fIT: For each application for a performance standard permit, a fee of three hundred fifty dollars ($350.00). REDUCED PARKING PERMIT: For each application for a reduced parking permit, a fee of six hundred dollars ($600.00). REOCCUPANCY PERMIT: For each application for a reoccupancy permit, a fee of two hundred fifty dollars ($250.00). TEMPORARY USE PERMIT: temporary use permit, a fee ($250.00) . For each application for a of two hundred fifty dollars - 8 - . . ~ YARD MODIFICATION PERMIT: For each application for review of yard modification requests in the OP-2, OP-3 and OP-4 zone districts, a fee of six hundred dollars ($600.00). PROPOSALS THAT REQUIRE MORE THAN ONE APPLICATION: For proposals that require more than one application for which a user fee exists, the total filing fee shall be determined according to the following formula: 100% of the highest fee to be charged plus a fee of one hundred dollars ($100.00) for concurrently submitted applications. Full fees shall be charged for permits which require review at more than one level, for environmental review, and for any permits not concurrently processed. SECTION 2. No application or request for review shall be filed or processed until the fee has been paid as provided in this Resolution. SECTION 3. The fees set forth in this Resolution shall be effective 30 days from the date of City Council adoption of this Resolution. SECTION 4. The city Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same be in full force and effect. APPROVED TO FORM: ,-,. ~__ It. ~ ~~y". : ~I ~ ~ -' ROBERT M. MYERS City Attorney - 9 - . . Adopted and approved this 18th day of September, 1990. P9t 'l~or I hereby certify that the foregoing Resolution No. 8082(CCS) was duly adopted by the city council of the city of Santa Monica at a meeting thereof held on September 18, 1990 by the following council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Katz, Reed, Mayor Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Jennings ATTEST: L.~ ~ City Clfrk