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R10879City Council Meeting: May 12, 2015 Santa Monica, California RESOLUTION NUMBER 10 91 q (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING PERMIT AND USER FEES IN THE PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT IN ASSOCIATION WITH ADOPTION OF A NEW COMPREHENSIVE ZONING ORDINANCE WHEREAS, it is the policy of the City of Santa Monica ( "City ") 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, Ordinance Number 1754 (CCS) ( "Ordinance "), adopted July 12, 1994, governs the setting of the amount of user fees or fees for services provided to or for the benefit of particular individuals rather than the general public and allows such user fees or fees for services to be set by ordinance, by a resolution adopted by the City Council, or by any other means authorized by law; and WHEREAS, in accordance with the Ordinance, the City has previously adopted various resolutions setting the amount of user fees or fees for services provided by various City departments to or for the benefit of particular individuals rather than the general public; and 1 WHEREAS, on June 25, 2013, after having completed a comprehensive study of existing and proposed fees for various permits and for providing services in the various City departments, the City Council of the City of Santa Monica ( "City Council ") adopted Resolution Number 10753 (CCS) ('Resolution 10753 ") which revised and established permit and user fees charged by City departments, including Planning and Community Development Department, in order to preserve public resources for the benefit of the community as a whole and avoid diverting these resources to the benefit of individuals; and WHEREAS, Resolution 10753 further consolidated fee resolutions previously adopted by the City Council in order to streamline the process for adopting and charging City permit and user fees and to allow the public to more easily gather information about such fees; and WHEREAS, on October 22, 2013, the City Council adopted Resolution Number 10778 (CCS) ('Resolution 10778 ") in order to: include previously- omitted fees, repeal a fee previously adopted pursuant to Resolution 10753, establish two new fees, and correct minor irregularities found within the fee schedule adopted by Resolution 10753; and WHEREAS, on February 11, 2014, the City Council adopted Resolution Number 10800 (CCS) ( "Resolution 10800 "), in order to revise portions of the fee schedule adopted pursuant to Resolution 10753 and revised by Resolution 10778 for purposes of amending certain fees to be consistent with amounts set forth in the fee study, and correct minor irregularities in certain fee descriptions; and 4 WHEREAS on June 24, 2014, the City Council adopted Resolution Number 10816 (`Resolution 10816 ") in order to: repeal certain police permitting fees and make other revisions to fees as required by Ordinance Number 2458 (CCS); establish new fees and incorporate others that were previously established; remove a fee waiver; revise and /or increase certain fees; exempt certain fees from the annual administrative increase; and make other minor corrections as necessary; and WHEREAS, all fees and charges, including permit and user fees in the Planning and Community Development Department, set forth in Resolutions 10753, 10778, 10800 and 10816 are now in full force and effect; and WHEREAS, on May 5, 2015, the City Council considered for first hearing an ordinance repealing the existing Zoning Ordinance, Chapter 9.04 of Article 9 of the Santa Monica Municipal Code, and adding a new Zoning Ordinance, Chapter 9.01 through Chapter 9.52, to Article 9 of the Santa Monica Municipal Code to adopt a comprehensive Zoning Ordinance; Repealing Chapters 9.08 through 9.72 of Article 9 of the Santa Monica Municipal Code and adding new Chapters 9.53 through 9.68 to Article 9 of the Santa Monica Municipal Code to establish land use and zoning - related provisions, and implementing the new Zoning Ordinance by repealing the existing official districting map and adopting the new final official districting map (the "2015 Zoning Ordinance "); and WHEREAS, the City recently completed a Cost of Services study of existing and proposed fees charged for various development and construction - related permit 3 application user fees and services in the Planning and Community Development Department in association with the 2015 Zoning Ordinance (the "Cost Study'); and WHEREAS, the 2015 Zoning Ordinance establishes new permit types, services, and different review procedures for these development and construction - related permit applications, compared to the permit types and services provided in conjunction with the City's current Zoning Ordinance, as set forth in the City's current fee schedule; and WHEREAS, the City now desires to establish new fees in order to revise a variety of user fees for development and construction - related permit applications and services in the Planning and Community Development Department in association with the 2015 Zoning Ordinance and to incorporate the Cost Study's findings regarding the future cost to provide services associated with these development and construction - related permit applications to be established in conjunction with the 2015 Zoning Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The identified fees for development and construction - related permit application user fees and services in the Planning and Community Development Department are hereby set as stated in Exhibit "A" and Exhibit "B ". SECTION 2. Unless otherwise provided, for accounts that are not paid by the due date, a late fee of ten percent (10 %) shall be charged on any unpaid balance, and an additional late fee of ten percent (10 %) shall be charged on any unpaid balance each 12 month thereafter. The Director of Finance shall have the authority to settle disputes by reducing or waiving amounts due for penalties and interest on delinquent fees if such reduction or waiver serves to promote the City's fiscal welfare by expeditious payment, enhancing revenue or otherwise. SECTION 3. Commencing on July 1, 2016 and on July 1 of each fiscal year thereafter, all fees established by this resolution, unless noted otherwise, shall be administratively revised and increased annually by a factor equal to the net change in City salaries and benefits costs for that fiscal year. Such net change is measured by comparing the total budgeted City salary and benefit costs for the fiscal year in which the change is to become effective to the total budgeted City salary and benefit costs for the prior fiscal year. Notwithstanding the foregoing, in no event shall the annual administrative revision set forth in this Section 3 be less than zero percent (0 %). Notwithstanding the foregoing, in no event shall the annual administrative revision described in this Section 3 apply to any fees and charges established by other agencies or as otherwise may be prohibited by applicable law. SECTION 4. The series of fees not set by this resolution that were adopted by Resolutions Numbers 10753 and revised by 10778, 10800 and 10816 shall remain in full force and effect following the effectiveness of this resolution. SECTION 5. Fees set forth in attached Exhibits A and B shall be effective upon the effective date of Ordinance Number CCS, the 2015 Zoning Ordinance, or July 13, 2015, whichever is later, and which is at least sixty (60) days after adoption of this resolution, in accordance with Government Code section 66017. 5 SECTION 6. If there are any conflicts between the fees adopted in this resolution and fees adopted by any prior resolution or fee schedule, the fees adopted pursuant to this resolution shall control. If there are any conflicts between the fee schedule set forth in this resolution and any prior fee schedule, the fee schedule attached to this resolution shall control. SECTION 7. 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: WMAM Exhibit "A" Planning Division Fee Schedule Exhibit "B" Strategic and Transportation Planning Division Fee Schedule C EXHIBIT A- Planning Division SERVICE Fee as of 7/13/15 Administrative Approval - (Planning Fee Only) $4,684.00 Alcohol Exemption $1,395.00 Appeals — -- $458.66 Architectural Review Board - Bldg. Color /Materials: New Construction $3,588.00 Architectural Review Board - Bldg. Color /Materials: Alt /Mod's $1,246.00 Architectural Review Board - Sign Adjustment $1,644.00 Architectural Review Board - Signs /Landscaping $1,418.00 Architectural Review Board Staff Approval - All Others $349.00 Architectural Review Board (Staff approval - Single Trade excluding signs & windows) Waived Certificate of Administrative Approval Waived Certificate of Appropriateness Waived Certificate of Compliance $1,794.00 Certificate of Economic Hardship $9,069.00 Coastal Approval in Concept $149.00 Conditional Use Permit - (Planning Fee Only) $14,151.00 Deed Restriction $698.00 Demolition Permits - (Planning Fee Only) $700.00 Development Review Permit - (Planning Fee Only) $17,738.00 Fence, Wall Hedge Height mod. (Discretionary) $266.66 Fence, Wall, Hedge Height mod. (Administrative) $275.03 Final Subdivision Map $1,395.00 General Plan Amendment $13,553.00 Historic District Designation $15,745.00 Landmark Designation $4,854.00 Lot Line Adjustment $1,993.00 Major Modification $4,185.00 Minor Modification $1,594.00 Minor Use Permit $4,983.00 Multiple Applications 100 %Fee, then 50% thereafter Occupancy Permit $2,192.00 Permit Extension - Administrative $598.00 Pre - submittal (Planning Fee Only) $897.00 Shared Parking Permit $2,790.00 Structure of Merit $3,388.00 Temporary Use Permit $1,395.00 Temporary Use Permit - Minor - (Repeats) $698.00 Tentative Subdivision Map $6,776.00 Text Amendment /Zone Change $14,151.00 Variance (including noise) $8,570.00 Waiver - Parcel Map $2,392.00 Waiver- Zoning Ordinance $4,185.00 Page 1 EXHIBIT A' Planning Division SERVICE Fee as of 7/13/15 Zoning Conformance Review: Alcohol Determination $1,395.00 Minor Outdoor Dining $947.00 Zoning Compliance Letter $1,096.00 Page EXHIBIT B - Strategic and Transportation Planning Division Page 1 SERVICE Fee as of 7/13/15 Developer Initial TDM Fee - Simple (New) $411.00 Developer Initial TDM Fee - Complex (New) $1,507.00 $220.00 Developer Annual TDM Fee - Simple (New) Developer Annual TDM Fee - Complex (New) $411.00 Page 1 Adopted and approved this 12th day of May, 2015. Kevih McKeown Mayor I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10879 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 12th day of May, 2015, by the following vote: AYES: Councilmembers: Davis, Himmelrich, O'Connor, O'Day, Winterer Mayor McKeown, Mayor Pro Tern Vazquez NOES: Councilmember: None ABSENT: Councilmember: None ATTEST: Sarah P. Gorman, City Clerk