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2023/03/14 City Council Resolution 2023-020 RESOLUTION NO. 2023-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AMENDING THE DEPARTMENT OF PUBLIC SAFETY-FIRE SERVICES DIVISION FEE SCHEDULE WHEREAS, the City of Rohnert Park (City) has conducted a review of the current Fire Services Division Fee Schedule, the beneficiaries of those services, and the revenues produced by those fees and charges; and WHEREAS, the City must charge fees to cover the cost of fire prevention services which the City must provide to ensure compliance with and enforcement of all applicable ordinances, codes, regulations, and or laws; and WHEREAS, it is the City's policy to recover the costs reasonably borne by the City for providing fire prevention services, such that general taxes are not diverted from general services on a broad scale; and WHEREAS, all plan reviews, construction inspections and code enforcement inspections required by the California Fire Code, Rohnert Park City Code or the California office of the State Fire Marshal are provided for in the Fee Schedule; and WHEREAS, the City Council of the City of Rohnert Park adopted Resolution No. 2018- 088 on June 12, 2018 approving an updated Building Plan Check and Inspection 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 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 fee schedule needs to be updated for reasonable cost recovery, including new fees for services that are performed for which no fees are currently on the fee schedules; and WHEREAS, a fee justification 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 meeting at which the amendments to the fee schedules were to be considered was provided at least 14 days prior to the public meeting to any interested party who filed a written request with the City for mailed notice of the meeting on new or increased fees or service charges; and WHEREAS, the City published notice for adoption of the fee schedule amendments in accordance with state law; and WHEREAS, at the March 14, 2023 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 March 14, 2023 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 Fire Services Division Fee Schedule is hereby amended to include the fees shown on Exhibit A, which is attached hereto and incorporated by this reference, and shall be in full force and effect as of May 13, 2023. All fees for fire permits and services previously adopted, including those adopted in Resolution Nos. 2018-088 and 2019-141, attached hereto and incorporated herein as Exhibit B for reference, and any subsequent additions and amendments, shall continue to remain in full force and effect unless expressly modified in this Resolution. Section 5. 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 Resolution 2023-020 Page 2 of 4 this Resolution or the fees levied by this Resolution that can be given effect without the invalid provisions. Section 6. 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 this 14th day of March 2023. CITY OF ROHNERT PARK 'odriguez, '' ATTEST: • -- ___-a-- fur Sylvia Lopez Cuevas, City Clerk Attachment: Exhibit A and Exhibit B ELWARD: Pcie. GIUDICE: IA't le SANBORN: pr a HOLLINGSWORTH ADAMS: A�ue. RODRIGUEZ: { AYES: ( g ) NOES: ( O ) ABSENT: ( (5 ) ABSTAIN: ( , ) 1 Resolution 2023-020 Page 3 of 4 Exhibit A to Resolution Fire Services Division-2018 Fee Schedule Miscellaneous Fees - Addendum NEWLY ADDED FEES: Section B – Fire Permit Plan Review and Inspections FS-14 Fire Pumps and related equipment $261.60 (1,2) FS-15 Lithium Batteries $261.60 (1,2) FS-16 Fuel Cell Power Systems $261.60 (1,2) FS-17 Energy Storage System $261.60 (1,2) FS-18 Solar Photovoltaic Power Systems $261.60 (1,2) (1) The City of Rohnert Park reserves the right to, and may at any time, send plans submitted to this department for review, out to an independent plan review firm of its choice. The cost of the review will be the responsibility of the individual who has submitted the plans, and may be billed in addition to the calculated fee at the actual cost of the independent review. All fees must be paid prior to permit issue. (2) Fees calculated at a minimum hourly rate. If the actual time exceeds this amount the fee will be based on a $130.80 per-hour charge thereafter. The fees listed are for plan review and one inspection for each phase of the construction project. If additional inspections or plan review is necessary due to non-compliance or excessive problems during the process, additional charges will be assessed at the hourly rate of $130.80. • Section C – Special Permit Fees Fees shall be collected by the Fire Department at time of submittal. FS 33 Gas Detection System $261.60 (1,2) FS 34 Mobile Fueling of Hydrogen-Fueled Vehicles $261.60 (1,2) FS 35 Motor Vehicle Repair Room or Booth $261.60 (1,2) FS 36 Outdoor Assembly Event $130.80 (1) (1) Permit requires a plan review. A Site Plan/Scope of work description must be submitted with the fees. (2) Fees calculated at a minimum hourly rate. If the actual time exceeds this amount the fee will be based on a $130.80 per-hour charge thereafter. The fees listed are for plan review and one inspection for each phase of the construction project. If additional inspections or plan review is necessary due to non-compliance or excessive problems during the process, additional charges will be assessed at the hourly rate of $130.80. ROHNERT PARI{ DEPARTMENT OF PUBLIC SAFETY FIRE SERVICES DIVISION 2018 FEE SHEDULE •Section A -Plan Review and Construction Inspections New construction and tenant improvements (a) Fees to be collected at time of submittal FS 1 Fire Life Safety Building plan review 35% of the Building plan check fee (1) FS 2 Fire Life Safety Building inspections 35% of the Building plan check fee FS 3 Civil/Site Fire plan review and inspections (Fire sprinkler underground) (1,2) $784.80 (single building) FS 4 Subdivision/lot split $523.20 (per building, more than one) 1-4 lots $261.60 5-25 lots $523.20 25 or more lots $784.80 (3) FS 5 Single Family Residential fire sprinkler underground $130.80 (1)The City of Rohnert Park reserves the right to, and may at any time, send plans submitted to this department for review, out to an independent plan review firm of their choice. The cost of the review will be the responsibility of the individual who has submitted the plans, and may be billed in addition to the calculated fee at the actual cost of the independent review. All fees must be paid prior to permit issue. (2)Additional fee of $100.00 per each private hydrant on site. (3)Fees calculated at a minimum of six hours of time. If the actual time exceeds this amount, the fee will be based on a $130.80 per-hour charge thereafter. (a)The fees listed are for plan review and one inspection for each phase of the construction project. If additional inspections or plan review is necessary due to non-compliance or excessive problems during the process, additional charges will be assessed at the hourly rate of $130.80. •Section B -Fire Permit Plan Review and Inspections Fees to be collected by the Fire Department at time of submittal (a) FS 10 Fire Sprinkler-New installations (NFPA 13) $392.40 or $0.05 per square foot (1,2,3) 1 FS 11 Fire S prinkler— Ten ant Im provement NFPA 13 1-6 heads $130.80 7-50 heads $261.60 51+ heads $523.20 plus $.50 each head (1,2) FS 12 Fire alarms stem -new installation FS 13 Fire alarms stem -`tenant Improvement FS 20 Hood & Duct fixed extinguishing system FS 21 Special fixed extinguishing system FS 22 Spray booth —includes fire protection system FS 23 LPG tank installation FS 24 Underground tank installation FS 25 Medical gas installation FS 26 High piled storage (rack storage) FS 27 Gate system installation FS 30 Residential Fire Sprinkler (NFPA 131D) 261.60 or $0.02 per square foot (1,2,3) 196.20 plus $1.00 per device (1,2) 261.60 (1,2) 392.40 (1,2) 392.40 (1,2) 196.20 (1,2) 523.20 (1,2) 196.20 (1,2) 261.60 (1,2) 196.20 (1,2) 261.60 (1,2) 1) The City of Rohnert Park reserves the right to, and may at any time, send plans submitted to this department for review, out to an independent plan review firm of their choice. The cost of the review will be the responsibility of the individual who has submitted the plans, and may be billed in addition to the calculated fee at the actual cost of the independent review. All fees must be paid prior to permit issue. 2) Fees calculated at a minimum hourly rate. If the actual time exceeds this amount the fee will be based on a 130.80 per -hour charge thereafter. 3) The fee is based on a minimum of three hours, or per square feet. The fee is the greater of the two. a) The fees listed are for plan review and one inspection for each phase of the construction project. If additional inspections or plan review is necessary due to non-compliance or excessive problems during the process, additional charges will be assessed at the hourly rate of $130.80. Section C — Special Permit Fees Fees to be collected by the Fire Department at time of submittal (a) FS 40 'tent or temporary structures Up to 5,000 sq. ft. $130.80 (1,2) 5,000 sq. ft. + $261.60 (1,2) FS 41 Carnivals and fairs $261.60 (1,2) FS 42 Special events $261.60 (1,2) FS 43 Haunted houses $261.60 (1,2) FS 44 Christmas tree sales and lots $261.60 (1,2) FS45 open flame device in public place (one time use) $130.80 (1,2) FS 46 Fireworks safe and sane Wholesale or distribution center/storage lot $392.40 (1,2) Retail sales (per booth) $130.80 Fireworks education and compliance (per booth) $610.31 FS 47 Pyrotechnics Special Events $261.60 (1,2) 1) Permit requires a plan review. A Site Plan/Scope of work description must be submitted with the fees. 2) Fees calculated at a minimum hourly rate. If the actual time exceeds this amount the fee will be based on a 130.80 per -hour charge thereafter. a) The fees listed are for plan review and one inspection for each phase of the construction project. If additional inspections or plan review is necessary due to non-compliance or excessive problems during the process, additional charges will be assessed at the hourly rate of $130.80. Section D — Miscellaneous Fees Fees to be collected by the Fire Department at time of submittal (a) FS 50 Unauthorized work without a permit FS 51 Design review I consultation conference FS 52 Outside plan review FS S3 Expedited plan review (in addition to permit fee FS 54 Field site review re uesf FS 55 Temporary Certificate of occupancy -30 days FS 56 Inspections outside of normal business hours Double permit fees 130.80/h r. Actual cost 130.80/hr. 130.80/h r, 261.60(l) 196.20/hr. FS 57 Records retention fee $21.80 FS 58 Code research $130.80/hr. (1) FS 59 Stand-by fire engin $261.60/hr. FS 60 Fire alarm monitoring interruption (disconnection) $130.80 FS 61 Response to false fire alarm 2 FS 62 Firewatch (one fire personnel) $196.20/hr. FS 63 New business inspection (3) $130.80(l) FS 64 Pre -inspection for State -Licensed residential care $50.00 FS 65 Weed abatement $130.80/hr. (1) FS 66 Fire Hydrant flow test (2 person) $130.80/hr. X 2=$261.60 (1) FS 67 Key lock box fire h dram Markin Actual cost 1) Fees calculated at a minimum hourly rate. If the actual time exceeds this amount the fee will be based on a 130.80 per -hour charge thereafter. 2) The fees for false alarms are listed in Ordinance #522. Chapter 9.65 of the City of Rohnert Park Municipal Code and as amended in the future. 3) Fees may be collected by the City of Rohnert Park Finance Department when a business owner applies for a new Business License. a) The fees listed are for plan review and one inspection for each phase of the construction project. If additional inspections or plan review is necessary due to non-compliance or excessive problems during the process, additional charges will be assessed at the hourly rate of $130.80. Section E — Annual Inspection and permit fees Annual Fire inspections FS 80 Annual Business Fire inspection fee FS 81 Re -Inspection fee Annual Fire Permits FS 100 Aerosol products FS 101 Apartments 3-8 units 43.60 (1,2) 130.80/hr. (2) 130.80 65.40 4 9-25 units 98.10 26-49 units 130.80 50+units 196.20 + $2.00 per unit above 50 FS 102 Automotive wrecking and or tow storage yard $130.80 FS 104 Candles oro en flames in assembly occu ancies $65.40 FS 105 Cellulose nitrate film $130.80 FS 106 Combustible fiber storage $130.80 FS 107 Combustible material storage $130.80 FS 108 Day Care (over 8 children} $130.80 FS 109 Dust -producing operations $130.80 FS 110 Explosives or blasting agents $130.80 FS 111 High -piled combustible storage Up to 12,000 sq. ft. $65.40 More than 12,000 sq. ft. $130.80 FS 112 High-rise occupancy 75' or more $523.20 FS 1.13 Liquefied proRane gas Less than 20 gallons $32.70 20-80 gallons $65.40 80+ gallons $98.10 Retail sales $65.40 FS 114 Lumber Yards $130.80 FS115 Magnesium metal working $130.80 FS 116 Medical gas system $32.70 FS 117 Model rockets sale or rental $32.70 FS 119 Industrial ovens $130.80 FS 120 Places of assembly Less than 300 $130.80 More than 300 $261.60 61, FS 121 Radioactive materials $130.80 FS 122 Refrigeration equipment $130.80 FS 123 Retail flammable or combustible liquids $130.80 FS 124 Tire storage $130.80 FS 125 Flammable and/or combustible finish application $130.80 FS 126 Compressed gas FS 127 Cr o enic fluids FS 128 Dry cleaning operations FS 129 Repair garages FS 130 Welding or cutting FS 131 Fire alarms stems 130.80 130.80 130.80 196.20 65.40 Local only $65.40 Monitored $130.80 FS 132 Motor fuel dispensing station $196.20 1) Fee is billed annually to all businesses. A fire inspection may be conducted annually or bi-annually based on the occupancy hazard. 2) Fees calculated at the minimum hourly rate. If the actual time exceeds this amount the fee will be based on a $130.80 per -hour charge thereafter. a) Permit fees are in addition to the annual fire inspection fee. Businesses with more than one type of required permit will be billed for the total amount of the combined permit fees. Annual Permit fees will be billed once a year. 6 Fire Services Division-2018 Fee Schedule Miscellaneous Permits (Added January 12, 2020) FEE TYPES Unit Board of Appeals Administrative Hearing Residential Appeals each Non-Residential Appeals each Note FEE $630 $1,125 Fire Services Division-2018 Fee Schedule Miscellaneous Fees -Addendum