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HomeMy WebLinkAbout06.A- Community Development RESOLUTION (ID# 2190) DOC ID: 2190 B CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION �,.. Agreement/Contract Amendment From: Margo Wheeler M/CC Meeting Date: 02/04/2013 Prepared by: Lisa Sherrick, (909) 384-5057 Dept: Community Development Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino to Amend the Planning Division Schedule of Fees to Bring the Schedule of Fees into Consistency with Recently Approved Revisions to the Development Code Regarding Development Application Processes as They Relate to Administrative/Development Permits, Conditional/Minor Use Permits, and Temporary Use/Special Event Permits. Financial Impact: Since the proposed revisions to the fees are based upon actual hours of staff time worked on processing each application, no direct impact to the General Fund is anticipated as a result of this request. Mayor to open the hearing. . . O Motion: Close hearing; and adopt the Resolution. Synopsis of Previous Council Action: None. Background: On November 19, 2012, the Mayor and Common Council approved a series of Development Code Amendments that clean up the Code and make it more user-friendly. As a result of the Amendments, several application processes were either renamed or added. Therefore, these changes must be reflected in the City's Planning Division Schedule of Fees. The Ways and Means Committee met on this matter on December 19, 2012, and recommended that the revisions to the Schedule of Fees be moved to the Mayor and Common Council for action. At their meeting, the Ways and Means Committee also discussed the possibility of reducing the fees for Temporary Use/Special Event Permits for non-profit organizations. The fees in the Schedule are fully loaded, and are based upon the estimated average of time staff spends on a particular type of application. Therefore, the average time spent processing a Temporary Use/Special Event Permit is the same for all applicants and thus, it would be difficult to determine a reduced fee amount based upon staff time and costs. Additionally, staff contacted the cities of Riverside, Pomona and Rancho Cucamonga to determine whether these agencies offered reduced application fees for non-profit organizations. None of these cities offer such fee reductions. However, should the Council be inclined to offer a reduced fee, a percentage reduction could be considered. Updated: 1/31/2013 by Linda Sutherland B 2190 Analysis The following revisions to the Planning Division Schedule of Fees will ensure the recently approved Code Amendments and Fee Schedule are consistent with each other: 1. Minor Use Permit - this is a new type of Conditional Use Permit (CUP), approved by the D/ERC, rather than the Planning Commission. The standard CUP fee is $7,287.66. However, due to the reduced amount of time staff is expected to spend processing these applications, it is recommended that the existing "Alcohol in existing building" type of CUP fee be used for a Minor Use Permit application as well, since Minor Use Permits will only be applicable to uses proposed in existing, previously approved buildings. This fee is $3,947.16. The proposed amended fee would be as follows: Base Tech Archive Fee Fee Fee Total Conditional Use Permit -Minor Use Permit/Alcohol outlet in existing building $3,858 $77.16 $12.00 $3,947.16 2. Development Permits - to clarify the levels of Development Permits, the Code Amendments resulted in renaming the three levels of Development Permits as follows: Type 1 becomes Administrative Permit ® Type 2 becomes Development Permit-D/ERC Type 3 becomes Development Permit-Planning Commission Note that none of the actual procedures for processing the three permit levels will change. Therefore, staff is not recommending any changes to the actual fees; only to the permit names. The amendments to the Fee Schedule would be as follows: Base Tech Archive Fee Fee Fee Total Development Permit Administrative Permit(Director review) $1,070 $21.40 $11.25 $1,102.65 -Development Permit-D/ERC review $6,890 $137.80 $12.00 $7,039.80 -Development Permit-Planning Commission Review $7,191 $143.82 $12.00 $7,334.82 3. Temporary Use Permits and Special Event Permits - The recently approved Code Amendments also resulted in the creation of a new, simplified Temporary Use Permit (TUP) process for small-scale temporary events and renaming the existing TUP to "Special Event Permit" for large-scale temporary events. Staff anticipates the new, less- intensive TUP process will require approximately two hours of Assistant Planner staff time to process (plus the Technology and Archive fees) for a total fee of$89.27. The renamed Special Event Permit fee will remain at $463.75 for staff-level review and $802.39 for Planning Commission review. To ensure these permit types are accurately represented in the Fee Schedule, staff recommends the following changes to the Schedule: Base Tech Archive Fee Fee Fee Total Updated: 1/31/2013 by Linda Sutherland B 2190 Temporary Use Permit/Special Event Permit -Temporary Use Permit $82.86 $1.66 $4.75 $89.27 -Special Event Permit(Director review) $450 $9.00 $4.75 $463.75 -Special Event Permit(Planning Commission review) $782 $15.64 $4.75 $802.39 No further changes to the Planning Division Schedule of Fees are proposed. A copy of the current Fee Schedule is provided as Attachment A Recommendation: It is recommended that the Mayor and Common Council adopt the attached Resolution, approving minor revisions to the Planning Division Schedule of Fees,to ensure the Schedule will be consistent with recently adopted Development Code Amendments. City Attorney Review: Supporting Documents: Attachment 1 - MCC Reso (DOC) ATTACHMENT A (DOCX) O Updated: 1/31/2013 by Linda Sutherland B Packet Pg. 23 ATTACHMENT 1 © RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO TO AMEND THE PLANNING DIVISION SCHEDULE OF FEES TO BRING THE SCHEDULE OF FEES INTO CONSISTENCY WITH RECENTLY APPROVED REVISIONS TO THE DEVELOPMENT CODE REGARDING DEVELOPMENT APPLICATION PROCESSES AS THEY RELATE TO ADMINISTRATIVE/DEVELOPMENT PERMITS, CONDITIONAL/MINOR USE PERMITS, AND TEMPORARY USE/SPECIAL EVENT PERMITS. d E MO WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted Resolution E No. 2009-122 on May 20,2009,thereby establishing the current Schedule of Fees; and c N d o: WHEREAS, the Mayor and Common Council of the City of San Bernardino adopted Resolution LL No. 2009-161 on June 16, 2009, approving minor revisions to the Schedule of Fees; and N WHEREAS, on November 11, 2012, the Mayor and Common Council of the City of San Bernardino adopted Ordinance No. MC-1381 and on December 17, 2012, adopted Ordinance No. MC- > 1385,revising the procedures for processing certain Planning Division development applications and the W related fees charged for processing such applications; and N d U WHEREAS, on December 19, 2012, the Ways and Means Committee reviewed the proposed 2 revisions to the Schedule of Fees; and c m E r WHEREAS, a legal advertisement of the public hearing on February 4, 2013, was sent to the San @ V Bernardino Sun Newspaper for publication on January 25 and January 29, 2013; and a c m E WHEREAS, the Mayor and Common Council held a noticed public hearing on February 4, x 2013, and fully reviewed and considered the proposed revisions to the Planning Division Schedule of a Fees and the recommendation contained in the Council Staff Report. NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED BY THE MAYOR AND COMMON COUNCIL THAT: Packet Pg. 24 1 A. The revisions to the Planning Division Schedule of Fees as depicted in Attachment A and 2 hereby incorporated for reference, are hereby approved. 3 B. The revisions to the Planning Division Schedule of Fees shall become effective 30 days 4 after the adoption and execution of this resolution. 5 6 G 7 E d E 9 /// Q O N 10 tr m 11 LL T 12 13 c 14 3 15 0: O 16 y 17 U 18 19 E 20 21 Q C 22 E s 23 _ 24 25 26 27 28 i 2 +Packet Pg.25 6.A.a © I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO TO AMEND THE PLANNING DIVISION SCHEDULE OF FEES TO BRING 2 THE SCHEDULE OF FEES INTO CONSISTENCY WITH RECENTLY APPROVED 3 REVISIONS TO THE DEVELOPMENT CODE REGARDING DEVELOPMENT APPLICATION PROCESSES AS THEY RELATE TO ADMINISTRATIVE/DEVELOPMENT 4 PERMITS, CONDITIONAL/MINOR USE PERMITS, AND TEMPORARY USE/SPECIAL 5 EVENT PERMITS. 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a meeting thereof, held on the d day of 2013,by the following vote,to wit: v s d 9 Council Members: AYES NAYS ABSTAIN ABSENT a 0 10 MARQUEZ t1 JENKINS LL 12 VALDIVIA o N 13 SHORETT i4 KELLEY ` 0 15 JOHNSON d 16 MC CAMMACK 1 17 U 18 Georgeann Hanna, City Clerk !! 19 ` I m 20 The foregoing resolution is hereby approved this day of 2013. s 3 .. 21 G 22 Patrick J. Morris,Mayor v City of San Bernardino r 23 Approved as to form: =° a 24 25 JAMES F. PENMAN, City Attorney 26 27 By: �j 28 V 3 PacketPg. 26 QATTACHMENT A Base Tech Archive Fee Fee Fee Total Conditional Use Permit -Minor Use Permit/Alcohol outlet in existing building $3,858 $77.16 $12.00 $3,947.16 Base Tech Archive Fee Fee Fee Total Development Permit -AdministrativePermit(Directorreview) $1,070 $21.40 $11.25 $1,102.65 -Development Permit—D/ERCreview $6,890 $137.80 $12.00 $7,039.80 -Development Permit—Planning Commission Review $7,191 $143.82 $12.00 $7,334.82 c m E -o c d Base Tech Archive E Fee Fee Fee Total Q 0 Temporary Use Permit/Special Event Permit -Temporary Use Permit $82.86 $1.66 $4.75 $89.27 -Special Event Permit(Director review) $450 $9.00 $4.75 $463.75 L.L. -Special Event Permit(Planning Commission review) $782 $15.64 $4.75 $802.39 o rn Q z Z W 2 U Q f- F- Q C N E s U R Q 3 PacketPg. 27