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2019/11/12 City Council Resolution 2019-142 RESOLUTION NO. 2019- 142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING THE BUILDING PLAN CHECK AND INSPECTION FEE SCHEDULE AND APPROVIND A CLARIFYING POLICY FOR SPECIAL SERVICES COST RECOVERY 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 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, the City Council has implemented the "Cost Recovery — Fee and Service Charge System" through the Building Plan Check and Fee Schedule, the most recent version of which was adopted by Resolution No. 2016-109 on Nov 8, 2016; and WHEREAS, the fee schedule needs to be updated to ensure reasonable cost recovery for services including new fees for services that are performed for which no fees are currently on the fee schedules; and WHEREAS, a fee justification for new proposed fees was prepared; and WHEREAS, the fee justification provides the necessary data to substantiate that the proposed fees will not exceed the estimated reasonable cost of providing the services for which the fees are to be levied; and WHEREAS, none of the fees outlined 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 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, the City published notice for adoption of the fee schedule amendments in accordance with state law; and WHEREAS, at the November 12, 2019 regularly scheduled meeting, the City Council of the City of Rohnert Park considered the below schedule of fees, at which time interested persons had an opportunity to be heard; and WHEREAS, at the November 12, 2019 regularly scheduled City Council meeting, 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 draft 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. Section 2. Environmental Review. The adoption of this Resolution is exempt from environmental review under 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), as it has no reasonably foreseeable direct or indirect physical change on the environment, and is further specifically excluded under Section 15378(b)(4), as a government funding mechanism or fiscal activity that does not involve a commitment to any specific project. Section 3. Findings. Based on the staff report, attachments, supporting data and all oral and written testimony presented, the City Council hereby finds that the proposed fees bear a fair relationship to the payer's burdens or benefits and do not exceed the reasonable costs of the services or benefits provided. Section 4. Adoption of Fees. The Building Plan Check and Inspection Fee Schedule is hereby amended to include those fees and repeal those fees shown on Exhibit A. Repealed fees shall be omitted from the Building Plan Check and Inspection Fee Schedule. The amendments to fee schedule under this section shall be in full force and effect as of January 12, 2019. All other fees for building permits and services shall continue to be in effect and shall remain as provided for in the resolutions identified in the recitals, including any subsequent additions and amendments. Section 5. Approval of Policy Regarding Cost-Recovery for Special Services. The policy clarifying mechanisms for cost-recovery for Special Services under the Building Plan Check and Inspection Fee Schedule shown in Exhibit B, which is attached hereto and incorporated by this reference, is hereby approved by the City Council. Section 6. 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 7. Waiver of Fee. The City Council is hereby authorized to waive any of the fees outlined in Exhibit A. 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 on this 12th day of November, 2019 by the City of Rohnert Park City Council by the following vote: CITY OF ROH ERT PARK G a Belforte, Mayor Resolution 2019-142 2 ATTEST: Sylvia Lopez Cuevas, Assistant City Clerk Attachments: Exhibit A and Exhibit B ADAMS: MACKENZIE:/STAFFORD: CALLINAN:J BELFORTE:�,?S� AYES: N S: ( ) ABSENT: ( ) ABSTAI ( ) Resolution 2019-142 3 Exhibit A to Resolution Plan Check and Inspection Fees Miscellaneous Permits (Added January 12, 2020) FEE TYPES Unit Note FEE Residential Water Meter Installation each $735 Change of Occupancy or Use (repealed) each $35A (repealed) Building Plan Check and Inspection Services Miscellaneous Permits-Addendum Exhibit B to Resolution Building Plan Check, Inspection and Permit Fees Schedule Special Service Policy The City of Rohnert Park, Development Services' Building Plan Check, Inspection and Permit Fees schedule highlights different levels of services and processing fees needed to recover costs associated with providing said services for New Construction, Alterations, Mechanical/Electrical/Plumbing and Miscellaneous building projects. While some levels of service clearly define the applicability and extent of said services, others are left to the Building Officials discretion. Special Services is one such discretionary service. It is the intent of the guide to provide clarity to Special Services in how Special Services are triggered and administered. The City's Development Services' Building Plan Check, Inspection and Permit Fees Schedule defines Special Services, as follows: T.Special Services When Development Services provides requested or necessary building services that are not included in this Fee Schedule, are for projects outside of the listed classifications/occupancies, or are for unusual projects or circumstances, the Building Official may assess and collect such fees that are reasonably necessary to defray the cost of such services.." Within in the definition of Special Services there are certain triggers that are easily classified, which include: a. Services that are not included in this Fee Schedule, and b. Projects outside of the listed classifications/occupancies. However there is another trigger "unusual projects or circumstances" that is open ended. To help provide consistence for when a project or circumstance is"unusual".This guide will provide examples of "unusual projects or circumstances" for staff to use when determining if a project meets the "unusual projects or circumstances"trigger. "Unusual projects or circumstances" can include; a. Projects that require changes to existing Building Division processes. b. Projects that require partial plan checks or plan checks of incomplete submittals. c. Projects that include requests for plan review timelines that exceed standard, or expedited or emergency plan reviews times. d. Projects with a substantial number of deferred submittals. e. Projects that require a high frequency of inspections. f. Projects that include working hours outside of the hours allowed for construction activities within the City's Municipal Code Section 9.44. g. Projects that include alternate means and methods. h. Projects that include structures that require multiple agency approvals. At no time shall a project be determined to be unusual if the applicable processing fees for a project will cover the costs of the said project. In order to deem that "unusual projects or circumstances" apply to a project, the Building Division must be able to demonstrate that applicable processing fees will be exceeded based on tracking actual costs or by estimating the cost of services needed complete the project in excess of the processing fees or combination thereof. Upon identifying an"unusual projects or circumstances"or if at any time during the project it is apparent that the processing fees will be exceeded the Building Official shall either require a cost-recovery deposit Building Plan Check and Inspection Services Miscellaneous Permits-Addendum Exhibit B to Resolution Building Plan Check, Inspection and Permit Fees Schedule Special Service Policy or a reimbursement agreement in order to ensure that fees that are reasonably necessary to defray the costs of service are collected by the City. The City's Development Services' Building Plan Check, Inspection and Permit Fees Schedule defines Fee Adjustments as follows: "F. Fee Adjustments In instances where the strict application of fees from this schedule would constitute a substantial inequity to an applicant or to the City, the Building Official shall be authorized to adjust such fees on a case-by-case basis.Any such adjustments shall be recorded in writing and entered into the appropriate files." Fee adjustments for the benefit of the applicant may be authorized where the Building Official determines such an adjustment needed to ensure that fees charged by the City shall not exceed the reasonable cost of providing the service for which the fee is charged, and shall charge an appropriate fee. A fee adjustment for the benefit of the City under this section shall not be imposed unless the fee reflects the actual cost of providing the service for which it is charged. Where it is foreseeable that multiple fee adjustments may be required for a project, the Building Official shall apply Section D — Special Services, and require the applicant to provide a cost-recovery deposit or reimbursement agreement to defray the cost of services rather than relying on Section F — Fee Adjustments. Upon providing written notice of an adjustment of fees to the applicant and filing said notice within the building permit record the adjustment to fees shall become effective, and any fees due shall be processed within 30 calendar days. This shall include any payments required from the applicant. The notice shall set the adjusted fee amount, a date corresponding to when service will be stopped. Building Plan Check and Inspection Services Miscellaneous Permits-Addendum