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2018/11/27 City Council Resolution 2018-155 RESOLUTION NO.2018-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING PLANNING AND ENGINEERING FEE SCHEDULES WHEREAS, the City Council adopted Resolution No. 2008-28 on August 12, 2008 approving an updated Engineering Fee Schedule; and WHEREAS, the City Council adopted Resolution No. 2012-105 on September 11, 2012 approving an updated Planning Fee Schedule; and WHEREAS, the City Council adopted Resolution No. 2015-094 on April 28, 2015 approving updated Planning Fee Schedule and Engineering Fee Schedule; and WHEREAS,Rohnert Park Municipal Code Chapter 3.32, "Cost-Recovery-Fee and Service Charge System," provides for the "establishment of a fee system to recover costs of the City in providing certain services, products and regulatory activities," including a regular review of fees to assure that they "continue to recover the reasonable and proportional share of costs from applicants requesting services," and providing authority for the Council "to establish such fees by resolution to support the cost of providing the service or services" requested by applicants; and WHEREAS, staff recommended updating the Planning Fee Schedule to increase initial deposits for certain services, ensuring that the City recovers the actual costs of providing planning services to the applicants requesting services; and WHEREAS, staff recommended updating the Engineering Fee Schedule to adjust fees to less than full cost recovery for certain encroachment permits for which benefits accrue to the greater community at large; and WHEREAS, following staff presentation and a public hearing at a duly noticed public meeting on November 27, 2018,the City Council found that the amended fees are based on actual costs incurred and/or do not exceed the estimated reasonable cost of providing the services for which the fees are to be levied; and WHEREAS,the City Council found that none of the fees outlined in the amended fee schedules are Development Impact Fees (fees imposed as a condition of approval of development) subject to state law requirements pertaining to those fees; and WHEREAS,no fees are amended in these updated fee schedules for the purpose of acquiring funds for the construction of public improvements or the acquisition of equipment; and WHEREAS, in accordance with California Government Code Section 66016, data indicating the amount of cost, or estimated cost, required to provide the service for which the fee or service charge is levied and the revenue sources anticipated to provide the service was made available for public review at least ten (10) days prior to the meeting at which the fee schedule amendments are to be adopted; and 2018-155 WHEREAS, in accordance with California Government Code Section 66016,the City published notice for adoption of the fee schedule amendments and notification of the public hearing at which the amendments to the fee schedules were to be considered was mailed at least 14 days prior to the public meeting; and WHEREAS, on November 27, 2018,the City Council reviewed the amended fee schedules during a scheduled public meeting; at which time interested persons had an opportunity to testify either in support of or opposition to the proposed fees; and upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard,the Council considered all the facts relating to the amended fee schedules. NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DOES RESOLVE,DETERMINE AND ORDER AS FOLLOWS: Section 1. Recitals. That the above recitations are true and correct and material to this Resolution and are incorporated herein as if set forth herein in full and each is relied upon independently by the City Council for its adoption of this Resolution. Section 2. Environmental Review. The adoption of this Resolution is exempt from the California Environmental Quality Act as this action is not considered a"project" as defined in Title 14 California Code of Regulations, Section 15378(a) & (b)(4), and additionally is statutorily exempt pursuant to Public Resources Code section 21080(b)(8), as the establishment and modification of charges for the purpose of meeting the operating expenses of the City. Section 3. Adoption of Fees. The Planning Fee Schedule and Engineering Fee Schedule hereby amended as shown on Exhibit A and Exhibit B respectively which are attached hereto and incorporated by this reference, and shall be in full force and effect as of January 26, 2019. Except as shown on Exhibits A and B, all other fees for planning and engineering services shall continue to be in effect. The City Council may review and amend the Planning Fee Schedule and Engineering Fee Schedule from time to time. For any annual period during which the City Council does not review these fees, the fee amounts shall be automatically adjusted once annually on July 1st, based on the Consumer Price Index published by the U.S. Bureau of Labor Statistics for All Urban Consumers,All Items, in the San Francisco-Oakland-San Jose Area, measured in the month of December in the calendar year that ends in the previous fiscal year. Section 4. Constitutionality. If any action, subsection, sentence, clause or phrase of this Resolution or the fees levied by this Resolution shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this Resolution or the fees levied by this Resolution that can be given effect without the invalid provisions. Section 5. Waiver of Fee. The City Council is hereby authorized to waive any of the fees outlined in Exhibits A and B. If such a waiver occurs,the City Manager or his/her designee will ensure that any fee category for which a waiver was granted does not exceed the estimated reasonable cost of providing the service. DULY AND REGULARLY ADOPTED this 27th day of November, 2018. 2 2018-155 CITY OF ROHNERT PARK P � � Pam Stai`9ol�l, Mayor ATTEST: •I• nne M. Buergl-r, City clerk Attachments: Exhibit A—Planning Fee Schedule, _Exhibit.B. Engineering Fee Schedule AHANOTU: 11" V BELFORTE: AIL/ MACKENZIE: � CALLINAN:4\O ( STAFFORD: AYES: ( ) NOES: ( ) ABSET: ( ) ABSTAIN: ( ) 3 2018-155 EXHIBIT A to RESOLUTION City of Rohnert Park— Development Services PLANNING SCHEDULE OF FEES AND CHARGES Fee Service Fee Notes No. 1 Annexation Actual cost of time&materials charged against an 1, 2, 3 Initial Deposit as determined by staff Residents: $319 plus the actual cost of publishing/ noticing 2, 5 2 Appeals to City Council Non-residents:Actual cost of time &materials charged against an Initial Deposit of$1,276 1, 2, 3 Residents: $442 plus the actual cost of publishing/ 2, 5 noticing 3 Appeals to Planning Commission Non-residents:Actual cost of time&materials 1, 2, 3 charged against an Initial Deposit of$1,760 $99-one address 4 $148-2 to 5 addresses 4 4 Assignment of Address $247-6 to 20 addresses 4 $393-21 or more addresses 4 5 Assignment of Temporary Power $74 4 Pole Address 6 Business License Research $96 4 7 Certificate of Zoning Compliance $588 4 8 Condition Modification/Waiver- $321 4 Administrative 9 Condition Modification/Waiver- Actual cost of time&materials charged against an 1, 2, 3 Planning Commission Initial Deposit of$1,133 10 Development Agreement, Actual cost of time&materials charged against an 1, 2, 3 Processing &Amendment Initial Deposit as determined by staff 11 Development Area Plan Actual cost of time&materials charged against an 1, 2, 3 Initial Deposit of$10,164 $321 plus the actual cost of any outside agency 12 Filing &Notice of Categorical fees (such as County Filing Fee, State 2 6 Exemption Clearinghouse Fee and Office of Planning & Research) Page 1 EXHIBIT A to RESOLUTION City of Rohnert Park— Development Services PLANNING SCHEDULE OF FEES AND CHARGES Fee Service Fee Notes No. Actual cost of time&materials charged against an 13 Environmental Impact Report Initial Deposit as determined by staff.Applicant is 1, 2, 3 Review also responsible for any other agency fees(e.g. State Fish &Game fees, etc.) 14 Final Development Plan Actual cost of time&materials charged against an 1, 2, 3 Initial Deposit as determined by staff 15 Final Specific Plan Actual cost of time&materials charged against an 1, 2, 3 Initial Deposit as determined by staff 16 General Plan Amendment Actual cost of time&materials charged against an 1, 2, 3 Initial Deposit of$5,654 17 Home Occupation Permit $96 4 18 Pre-Application Conference $281 4 19 Pre-Application Conference- $1,119 4 Concept Plan Review Pre-Application Conference- 20 Single-Family Dwelling, Owner- $199 4 Occupied 21 Preliminary CEQA Analysis Actual cost of time&materials charged against 1, 2, 3 an Initial Deposit of$5,000 22 Initial Study/Mitigated Negative Actual cost of time&materials charged against 1, 2 3 Declaration an Initial Deposit of$15,000 ' 23 Letter of Public $492 4 Necessity/Convenience $465 plus the actual cost of any outside agency 24 Notice of Determination fees(such as County Filing Fee, State 2, 6 Clearinghouse Fee and Office of Planning & Research) Specific Plan/Planned Development: Actual cost of time&materials charged against an 25 Amendment/Revision of Related Initial Deposit as determined by staff 1,2, 3 Items-Standard Page 2 EXHIBIT A to RESOLUTION City of Rohnert Park— Development Services PLANNING SCHEDULE OF FEES AND CHARGES Fee Service Fee Notes No. 26 Sign Review(Single Sign) $112 7 New-$588 7 Sign Program Review 27 New/Revised Revised -$393 7 28 Preliminary Development Plan Actual cost of time&materials charged against an 1, 2, 3 Initial Deposit as determined by staff 29 Rezoning Actual cost of time&materials charged against an 1, 2, 3 Initial Deposit of$7,281 Within existing footprint— Actual cost of time&materials charged against an 1, 2, 3 Site Plan&Architectural Review: Initial Deposit of$1,672 ---- - - ---------- - - ------ ---------- 30 Building Remodel (Commercial & Industrial) Expansion of footprint— Actual cost of time&materials charged against an 1,2, 3 Initial Deposit as determined by staff Site Plan &Architectural Review: Actual cost of time&materials charged a ainst 31 Building Remodel (>_2 Residential g g 1, 2, 3 Units) an Initial Deposit of$1,500 Site Plan &Architectural Review: Actual cost of time&materials charged against 32 New Structure(Commercial & an Initial Deposit of$2,500 1, 2, 3 Industrial) Site Plan &Architectural Review: Actual cost of time&materials charged against 33 New Structure/Change-In-Use(>_2 1, 2, 3 Residential Units) an Initial Deposit of$2,500 34 Specific Plan Preliminary Plan Actual cost of time&materials charged against an 1, 2, 3 Initial Deposit as determined by staff 35 Specific Plan Amendment Actual cost of time&materials charged against an 1, 2, 3 Initial Deposit as determined by staff 36 Specific Plan Preparation Actual cost of time&materials charged against an 1, 2, 3 Initial Deposit as determined by staff Page 3 EXHIBIT A to RESOLUTION City of Rohnert Park— Development Services PLANNING SCHEDULE OF FEES AND CHARGES Fee Service Fee Notes No. Subdivision: Extension to Approved Actual cost of time&materials charged against an 37 Minor Initial Deposit of$785 1, 2, 3 Subdivision: Revision to Approved Actual cost of time& materials charged against an 38 Minor Initial Deposit of$1,354 1, 2, 3 Subdivision: Actual cost of time& materials charged against an 39 Extension/Revision to Approved- Initial Deposit as determined by staff 1, 2, 3 Major 40 Tentative Map-Major(>_5 Lots) Actual cost of time& materials charged against an 1, 2, 3 Initial Deposit as determined by staff 41 Tentative Map Minor(s 4 Lots) Actual cost of time&materials charged against an 1, 2, 3 Initial Deposit of$4,521 Use Permit Actual cost of time&materials charged against 42 (Commercial/Industrial/Mixed- an Initial Deposit of$2,500 1, 2, 3 Use) 43 Use Permit-Residential>_2 Units Actual cost of time&materials charged against 1,2, 3 an Initial Deposit of$2,500 44 Variance Actual cost of time& materials charged against an 1, 2, 3 Initial Deposit of$2,828 45 Zoning Confirmation Letter $96 4 46 Zoning Ordinance Text Change Actual cost of time&materials charged against an 1, 2, 3 Initial Deposit of$5,654 Minor-$148 4 - 47 Temporary Use Permit Major-Actual cost of time&materials charged against an Initial Deposit of$1,133 1, 2, 3 48 Time Extension To Approved-Minor Actual cost of time&materials charged against an 1, 2, 3 Initial Deposit of$199 49 Time Extension To A roved- Ma or Actual cost of time&materials charged against an 1, 2, 3 pp Initial Deposit of$785 50 Administrative Permit $735 4 51 Violation Correction $588 4 Page 4 EXHIBIT A to RESOLUTION City of Rohnert Park— Development Services PLANNING SCHEDULE OF FEES AND CHARGES Fee Service Fee Notes No. 52 Planning review of building permits Actual cost of time and materials to be collected at 1, 2, 3 building permit issuance. 53 Tree Permit Clearance(Exemption) $227 4 Approval for Tree Removal (Tree Actual cost of time and materials to be billed 54 Removal Permit) against an initial deposit of$579 1, 2, 3 Lot Line Adjustments I Lot Mergers/ - -- -- ••- -'e • - - - e es - -- 1, 2, 3 Reversion to Acr ago _e_.• _• - _ _-__ _ ,, , Planning Fee Schedule Table Notes 1. Cost-recovery charges include all costs to provide services or process applications/projects. Costs that may be recovered include but are not limited to: City staff time at fully-burdened hourly rates, including those of City departments other than Development Services (e.g. Fire Services, Public Works,etc.);consultant costs; legal costs; administrative costs generated by application/project; public noticing and advertisement costs;and other public agency fees. 2. An Acknowledgement of Reimbursement Obligation for Payment of Full Cost Recovery Fees for Application Processing and Inspection Services form ("Reimbursement Obligation Form")or Reimbursement Agreement must be executed in conjunction with applications for these services and/or permits. 3. The method by which the City recovers its costs from the applicant or financially-responsible party is determined by the cost-recovery obligation form or agreement used. Typically, cost recovery is either: (a) a draw-down from a deposit,or(b) billing in arrears for costs incurred by the City to provide services. The cost recovery method and terms are stipulated in the Reimbursement Obligation Form,Reimbursement Agreement, or specific terms of a development agreement or other negotiated instrument approved by City. 4. Applicant will be charged a flat fee as indicated for the service, unless the service and/or entitlement is part of a more complex project with multiple/concurrent applications and entitlements in which costs for processing are recovered pursuant to an executed Reimbursement Obligation Form,Reimbursement Agreement, or specific terms of a development agreement or other negotiated instrument approved by City. Page 5 EXHIBIT A to RESOLUTION City of Rohnert Park— Development Services PLANNING SCHEDULE OF FEES AND CHARGES 5. Applicant or financially-responsible party will be charged a flat fee as indicated for the service, as well as additional costs for public noticing, mailing,and postage if incurred. Public noticing, mailing, and postage may be billed in arrears to the applicant or financially-responsible party. 6. Applicant or financially-responsible party will be charged a flat fee as indicated for the service, as well as outside agency fees (e.g. County Filing Fee,State Clearinghouse Fee and Office of Planning& Research,etc.). Outside agency fees may be billed in arrears to the applicant or financially-responsible party. 7. Applicant or financially-responsible party will be charged a flat fee as indicated for the service, as well as flat fee for engineering review if needed. Additional Notes about Fees and Charges Actual costs The actual cost of City staff time is the fully-burdened hourly rate of the staff providing service, which may include but is not limited to Development Services, Public Safety, Public Works, Administration (which includes City Attorney,City Manager's Office) providing review specifically for the project. Charges will be for increments of 0.25 hour. Consultant charges may apply In some cases, additional costs may be incurred by the City due to the necessity of using a consultant to assist Development Services with the review and processing of applications/projects. In such cases,the costs of the consultant's services will be passed through to the applicant,with an Administrative Fee in the amount of 7%of the consultant invoice cost, unless a different rate is stipulated for those services by a Reimbursement Agreement or Development Agreement. Concurrent/multiple applications When two or more applications are filed and processed concurrently,the required initial deposit will be the sum of the individual application fees and/or deposits. Annual Adjustment of Flat Fees Flat fees are adjusted annually based on the Consumer Price Index published by the U.S. Bureau of Labor Statistics for All Urban Consumers,All Items,in the San Francisco-Oakland-San Jose Area, measured in the month of December in the calendar year that ends in the previous Fiscal Year. Annual Adjustment of Fully-Burdened Hourly Rate Fully-burdened hourly rates are adjusted annually based on the Consumer Price Index published by the U.S. Bureau of Labor Statistics for All Urban Consumers,All Items, in the San Francisco-Oakland- San Jose Area, measured in the month of December in the calendar year that ends in the previous Fiscal Year. Page 6 EXHIBIT A to RESOLUTION City of Rohnert Park— Development Services PLANNING SCHEDULE OF FEES AND CHARGES Services Not Listed on Planning Schedule of Fees and Charges When planning staff provide requested or necessary review, inspection or staff support services that are not included in this Planning Schedule of Fees and Charges,the Development Services Director may assess and collect such fees that are reasonably necessary to defray the cost of such services. Staff time shall be charged on a fully-burdened hourly rate basis or the actual cost of outside consultant, plus 7%administrative fee, or administrative fee rate as stipulated by applicable Reimbursement Agreement or Development Agreement. Page 7 EXHIBIT B to RESOLUTION City of Rohnert Park— Development Services ENGINEERING FEE SCHEDULE Engineering Services—Schedule of Fees and Charges Fee Engineering Services Fees/Charges Initial Deposit Notes No. 1 Grading/Site Improvement Plan Full cost-recovery $3,730(plan check initial 1,2,3,4 Check and Inspection charges apply. deposit), 1.5%of Engineer's Estimated Cost of improvement (inspection initial deposit) 2 Public Improvement Plan Check Full cost-recovery $3,619(plan check initial 1,2,3,4 and Inspection charges apply. deposit),1.5%of Engineer's Estimated Cost of improvement (inspection initial deposit) 3 Subdivision Plan Check and Full cost-recovery $2,706(plan check initial 1,2,3,4 Inspection charges apply. deposit), 1.5%of Engineer's Estimated Cost of improvement (inspection initial deposit) 4 Final Parcel Map Review Full cost-recovery $2,200 1,2,3 charges apply. 5 Final Subdivision Map Review Full cost-recovery $4,290 1,2,3 charges apply. 6 Final Map Amendment/Revision $633 per map N/A 5 Review(Minor) 7 Final Map Amendment/Revision Full cost-recovery $1,244 1,2,3 Review(Major) charges apply. 8 Time Extension $114 per application n/a 5 9 Lot Line Adjustment/Lot Full cost-recovery $949 1,2,3 Mergers/Reversion to Acreage charges apply. 10 Street Vacation/Abandonment Full cost-recovery $1,413 1,2,3 Request charges apply. 11 Minor Encroachment $328 n/a 5 Permit/Inspection Page 1 EXHIBIT B to RESOLUTION City of Rohnert Park— Development Services ENGINEERING FEE SCHEDULE Fee Engineering Services Fees/Charges Initial Deposit Notes No. 12 Minor Encroachment $0 n/a 6 Permit/Inspection:Single Family Residential Sidewalk Repair 13 Minor Encroachment $0 n/a 7 Permit/Inspection:Water Lateral Replacement for Accessory Dwelling Unit,SFD major remodel/addition 14 Major Encroachment $1,356 n/a 5 Permit/Inspection 15 Major Encroachment Full cost-recovery $2,260 1,2,3 Permit/Inspection requiring charges apply. time and materials with initial deposit 16 Plumbing Permit issued by $328 n/a 5 Engineering/Inspection 17 Transportation Permit $16 for single trip n/a 8 permit;$90 for annual permit 18 Sign Review $125 per plan n/a 5,9 Engineering Fee Schedule Table Notes 1. Cost-recovery charges include all costs to provide services or process applications/projects. Costs that may be recovered include but are not limited to: City staff time at fully-burdened hourly rates, including those of City departments other than Development Services(e.g. Fire Services, Public Works,etc.),consultant costs, legal costs,administrative costs generated by application/project, public noticing and advertisement costs,and other public agency fees. 2. An Acknowledgement of Reimbursement Obligation for Payment of Full Cost Recovery Fees for Application Processing and Inspection Services form ("Reimbursement Obligation Form")or Reimbursement Agreement must be executed in conjunction with applications for these services and/or permits. 3. The method by which the City recovers its costs from the applicant or financially-responsible party is determined by the cost-recovery obligation form or agreement used. Typically, cost Page 2 EXHIBIT B to RESOLUTION City of Rohnert Park— Development Services ENGINEERING FEE SCHEDULE recovery is either: (a) a draw-down from a deposit, or(b) billing in arrears for costs incurred by the City to provide services. The cost recovery method and terms are stipulated in the Reimbursement Obligation Form,Reimbursement Agreement, or specific terms of a development agreement or other negotiated instrument approved by City. 4. Initial deposit due for these services will be determined by the City, based on the Engineer's Cost Estimate of improvement as provided by the applicant. The applicant-provided Engineer's Cost Estimate is subject to review and approval by the City. The initial deposit amount due may be adjusted by the City, based on recalculations of the Engineer's Cost Estimate approved by the City Engineer. 5. Applicant will be charged a flat fee as indicated for the service and/or permit, unless the service and/or permit is part of a more complex project with multiple/concurrent permits or entitlements in which costs for processing are recovered pursuant to an executed Reimbursement Obligation Form,Reimbursement Agreement, or specific terms of a development agreement or other negotiated instrument approved by City. 6. Insurance required 7. Requires concurrent building permit application for new water meter installation 8. Transportation permit fees are determined by the State of California. 9. Added as additional flat fee to planning flat fee for this service. Additional Notes about Fees and Charges Actual costs The actual cost of City staff time is the fully-burdened hourly rate of the staff providing service, which may include but is not limited to Development Services, Public Safety, Public Works,and Administration providing review specifically for the project. Charges will be in increments of 0.25 hour. Consultant charges may apply In some cases,additional costs may be incurred by the City due to the necessity of using a consultant to assist Development Services with the review and processing of applications/projects. In such cases,the costs of the consultant's services will be passed through to the applicant,with an Administrative Fee in the amount of 7%of the consultant invoice cost, unless a different rate is stipulated for those services by a Reimbursement Agreement or Development Agreement. Page 3 EXHIBIT B to RESOLUTION City of Rohnert Park— Development Services ENGINEERING FEE SCHEDULE Concurrent/multiple applications When two or more applications are filed and processed concurrently,the required initial deposit will be the sum of the individual application fees and/or deposits. Investigative fee for work started without a permit If work on an engineering project is found to have commenced without a permit, an investigation fee will be charged equal to the amount of permit fee that would apply to that project. If the project is full cost-recovery(i.e. not a flat fee project),the investigation fee will be the cost of time- and-materials required for inspection and administrative support to process the project, prior to the project coming into compliance.This investigation fee is in addition to the permit fees that will be required to bring the project into compliance. Annual Adjustment of Flat Fees Flat fees are automatically adjusted annually on July 1st, based on the Consumer Price Index published by the U.S. Bureau of Labor Statistics for All Urban Consumers,All Items, in the San Francisco-Oakland-San Jose Area, measured in the month of December in the calendar year that ends in the previous fiscal year. Annual Adjustment of Fully-Burdened Hourly Rate Fully-burdened hourly rates are automatically adjusted annually on July 1st, based on the Consumer Price Index published by the U.S. Bureau of Labor Statistics for All Urban Consumers,All Items,in the San Francisco-Oakland-San Jose Area, measured in the month of December in the calendar year that ends in the previous fiscal year. Services Not Listed on Engineering Schedule of Fees and Charges When engineering staff provide requested or necessary review, inspection or staff support services that are not included in this Engineering Schedule of Fees and Charges,the Development Services Director may assess and collect such fees that are reasonably necessary to defray the cost of such services. Staff time shall be charged on a fully-burdened hourly rate basis or the actual cost of outside consultant, plus 7%administrative fee,or administrative fee rate as stipulated by applicable Reimbursement Agreement or Development Agreement. Page 4