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SR-211-027 City Council Meeting: November 25, 2003 Santa Monica, California TO: City Council FROM: City Staff SUBJECT: Consideration of Development Related Fees for Systematic Inspection and Enforcement of Compliance with Conditions of Approval for Certain Discretionary Planning Permits Related to Commercial Uses Introduction This staff report recommends that Council direct staff to establish monitoring fees for certain discretionary permits in order to fund an ongoing program of periodic proactive compliance inspections and enforcement. Background On October 22, 2002, City Council considered fees for proactive monitoring of new conditional use and development review permits. Staff recommended implementing an inspection cycle for restaurants with conditional use permits and projects with design compatibility or development review permits. As then envisioned, proactive inspections would occur three times over ten years for conditional use permits and design compatibility permits and twice in ten years for development review permits. The proposed one-time fees were $2,100 for new conditional use permits and development review permits and $1,400 for design compatibility permits. These fees represented the total estimated cost at present value for the City to provide the service. Council directed staff to return with additional recommendations and input from the Planning Commission. 1 On December 11, 2002, staff presented options to and asked for recommendations from the Planning Commission on the types of permits, uses, frequency and duration of proactive monitoring that should occur. The Planning Commission made the following recommendations: 1. All commercial sites with new and existing conditional use, development review and performance standards permits should be monitored. 2. Monitoring should be unannounced but occur quarterly for the first year after establishing the use and annually thereafter. 3. Costs should be higher for sites with after-hours use that rely on police response or overtime for code enforcement staff. 4. Monitoring should be adjusted based on the rate of compliance demonstrated by the permit holder. On July 8, 2003, staff presented Council with recommended program options and a proposed fee schedule. Council asked that the proposal be reworked to include an extended schedule of inspections, providing that if a business showed substantial compliance, the number of future inspections could be waived. Further, staff was to return with a proposal for budgeting dedicated enforcement positions, which would not be filled if current staff resources prove sufficient to conduct the monitoring. Discussion Staff proposes to create a flexible monitoring program that starts with annual inspections of all existing conditional use, development review and performance 2 standards permits. Properties that contain violations will be given corrective orders and scheduled for follow-up inspections. After all properties are inspected, staff will calendar all sites that contained violations for annual inspections and those sites without violations for biannual inspections. Additional inspections may be scheduled as needed to help obtain compliance but will generally be no earlier that six month intervals. Last fiscal year, staff received 1,821 new code enforcement cases. This workload is expected to fully engage existing staff capacity and prevent any significant proactive enforcement without delaying action on or being unable to respond to received citizen complaints. Staff estimates that a minimum of 500 conditional use, development review and performance standards permits are in place for commercial uses in the City and approximately 25 new permits are added annually to this total. To provide proactive monitoring of existing and new permits according to Council directives, staff estimates that a minimum of two full time Code Compliance Officers and one Business Assistant will be required to handle the workload above and beyond existing budgeted staff. Additional staff may be required if assumptions regarding the number of existing open permits as well as case closure and compliance rates are underestimated. There is no question that the growing number of permits to monitor will require periodic additions to staff indefinitely to sustain proactive monitoring. Conditions of approval for discretionary planning permits typically require compliance with the noise ordinance and those conditions would be subject to the proposed monitoring program. A discussion of noise enforcement other than at scheduled 3 proactive monitoring site visits of permittees is addressed in the noise ordinance staff report also scheduled for Council consideration this evening. Staff proposes one fee of $500 for the initial monitoring inspection for all permit holders. A noncompliance fee of $300 would be assessed when additional follow-up work is required to monitor correction of violations discovered at the initial inspection. This approach would allow compliant permit holders to avoid fees from unnecessary annual inspections, while allowing the City to recoup costs of monitoring those with poor compliance as needed. Fees would be assessed for inspections as they are performed instead of at the time that fees are paid for the original of original permit issuance. Budget/Financial Impacts Annual inspection of an estimated 500 existing permits at a cost to the permit holder of $500 each would increase general fund revenues $250,000 a year in revenue account 01321.400650. Reinspection fees for an estimated 250 existing permits with violations at $300 each will further increase revenues in this account $75,000 for a total of $325,000. If adopted, these fees will become effective in February 2004. The expected increase in revenue for FY03/04 is $135,400 if proactive enforcement commences. Annual inspection and noncompliance fees will offset the direct and indirect costs of proactive enforcement. New direct annual costs of staffing and related supplies, expenses and capital outlay in the Building and Safety Division for 3.0 additional FTE (2.0 Code Compliance Officers and 1.0 Business Assistant) is estimated at $260,000 4 ($195,335 for salaries and fringes, $44,930 in supplies and expenses and $24,870 for capital outlay). The portion of other previously budgeted indirect costs that are necessary and related to this program total $65,000. Therefore, total indirect and direct costs are estimated at $325,000 per year. If program costs begin at midyear, the estimated impact of new costs for FY 03/04 is $142,435 ($97,668 in salaries and fringes, $22,465 in supplies and expenses and $24,870 in capital outlay). Recommendation Staff recommends that City Council determine whether proactive code enforcement is a sufficient priority to warrant the increased staffing required and to impose associated costs on the permit holders, and if so: 1) Conduct a public hearing on the proposed increase in user fees related to development of commercial uses that are subject to conditional use, development review or performance standards permits. 2) Accept the attached fee study as a reasonable estimate of the proposed cost of providing the services outlined. 3) Adopt the attached resolution setting fees for the proactive monitoring of conditional use, development review and performance standards permits for commercial uses. 4) Authorize the three new positions as set forth in the Budget/ Financial Impact section. Prepared by: Suzanne Frick, Director of Planning and Community Development Timothy P. McCormick, P.E., Building Officer 5 6 Attachment A: A Resolution Of The City Council Of The City Of Santa Monica Setting New User Fees In The Planning And Community Development Department Related To Systematic Inspections And Enforcement Of Compliance With Conditions Of Approval Of Conditional Use, Development Review And Performance Standards Permits For Commercial Developments Attachment B: Estimated Costs And Proposed Fees Related To Systematic Inspections And Enforcement Of Compliance With Conditions Of Approval For Conditional Use, Development Review And Performance Standards Permits For Commercial Uses For above, SEE ADOPTED RESOLUTION NO. 9905 (CCS) 7