HomeMy WebLinkAbout07.C- Community Development RESOLUTION (ID#2190) DOC ID: 2190 B
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
QAgreement/Contract Amendment
From: Margo Wheeler M/CC Meeting Date: 03/04/2013
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. (At Meeting of February 4, Item Continued
to March 4, 2013.)
Current Business Registration Certificate: Not Applicable
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.
QThe hearing remains open.
Motion: Close the 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
Qoffered reduced application fees for non-profit organizations. None of these cities offer such fee
Updated:2/28/2013 by Georgeann"Gigi"Hanna B Packet Pg. 251
2190
reductions. However, should the Council be inclined to offer a reduced fee, a percentage
reduction could be considered.
On February 19, 2013, the Mayor and Common Council approved by a vote of 6:0 (Valdivia
absent) a staff-initiated request to separate the General Plan Land Use and Zoning Maps and
establish a Zoning Map Amendment process. Therefore, a fee for this process is also necessary.
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
Fee Fee Total
Conditional Use Permit
-Minor Use Permit/Alcohol outlet in existing building $3,605 $72.10 $3,677.10
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
Fee Fee Total
Development Permit
-AdministrativePermit(Directorreview) $1,000 $ 20.00 $1,020.00
-Development Permit-D/ERC review $6,438 $128.76 $6,566.76
-Development Permit-Planning Commission Review $6,720 $134.40 $6,854.40
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
Updated:2/28/2013 by Georgeann"Gigi"Hanna B Packet Pg. 252
2190
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
Fee Fee Total
Temporary Use Permit/Special Event Permit
-Temporary Use Permit $ 82.86 $ 1.66 $ 84.52
-Special Event Permit(Director review) $420 $ 8.40 $428.40
-Special Event Permit(Planning Commission review) $730 $14.60 $744.60
4. Development Code/Zoning Map Amendment - As noted above, on February 19, 2013,
the Mayor and Common Council established a Zoning Map Amendment. Therefore, a
fee for this application process is required. Since the process will be similar to that of a
Development Code amendment with regard to staff analysis, hearings, etc., staff
recommends that the existing Development Code Amendment fee be renamed
"Development Code/Zoning Map Amendment" and that the fee schedule be amended as
follows:
Development Code/Zoning Map Amendment Base Tech
Fee Fee Total
$6,960 $139.20 $7,099.20
Plus Full
Consultant
Costs
No fiuther 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:
Reso amending Fee Schedule 3.4.13 (DOC)
ATTACHMENT A (DOCX)
C
Updated:2/28/2013 by Georgeann"Gigi"Hanna B Packet Pg '3
1 RESOLUTION NO.
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AMENDING RESOLUTION NO. 2009-122 AND THE
4 PLANNING DIVISION SCHEDULE OF FEES TO BRING THE SCHEDULE OF
5 FEES INTO CONSISTENCY WITH RECENTLY APPROVED REVISIONS TO THE
DEVELOPMENT CODE REGARDING DEVELOPMENT APPLICATION
6 PROCESSES AS THEY RELATE TO ADMINISTRATIVE/DEVELOPMENT
PERMITS, CONDITIONAL/MINOR USE PERMITS, AND TEMPORARY
7 USE/SPECIAL EVENT PERMITS.
8
9 Section 1. Recitals
10 WHEREAS, the Mayor and Common Council adopted Resolution No. 2009-122 on
11 May 20, 2009, thereby establishing the current Schedule of Fees; and
12
13 WHEREAS, the Mayor and Common Council adopted Resolution No. 2009-161 on
14 June 16, 2009; Resolution No. 2010-326 on September 20, 2010; and Resolution No. 2013-1
15 on January 7, 2013, all of which amended Resolution No. 2009-122, but said amendments are
16 not affected by this Resolution; and
17 WHEREAS, on November 11, 2012, the Mayor and Common Council adopted
18 Ordinance No. MC-1381 and on December 17, 2012, adopted Ordinance No. MC-1385,
19
20 revising the procedures for processing certain Planning Division development applications
21 and the related fees charged for processing such applications; and
22 WHEREAS, on December 19, 2012, the Ways and Means Committee reviewed the
23 proposed revisions to the Schedule of Fees; and
24
25 WHEREAS, a legal advertisement of the public hearing on February 4, 2013, was sent
26 to the San Bernardino Sun Newspaper and published on January 25 and January 29, 2013; and
27
28
1 �CY11 �
�lyli3
I WHEREAS, the Mayor and Common Council held a noticed public hearing on
2 February 4 and March 4, 2013, and fully reviewed and considered the proposed revisions to
3 the Planning Division Schedule of Fees and the recommendation contained in the Staff Report
4 to the Mayor and Council.
5
6 NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED BY THE
7 MAYOR AND COMMON COUNCIL THAT:
8 Section 2.
9
10 A. Resolution No. 2009-122 Part VII Development Services, Sections 34 and 35,
11 and the Planning Division Schedule of Fees, are hereby amended to rename the specific fees
12 depicted in Attachment A, attached and incorporated herein.
13 B. This Resolution does not create any new fees, nor does it increase any fees
w 14 established by Resolution No. 2009-122.
15 C. The revisions to the Planning Division Schedule of Fees shall become effective
16 upon the adoption and execution of this Resolution.
17
18
19
20
21
22
23
24
25
26
27
28
2
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AMENDING RESOLUTION NO. 2009-122 AND THE
PLANNING DIVISION SCHEDULE OF FEES TO BRING THE SCHEDULE OF
3 FEES INTO CONSISTENCY WITH RECENTLY APPROVED REVISIONS TO THE
4 DEVELOPMENT CODE REGARDING DEVELOPMENT APPLICATION
PROCESSES AS THEY RELATE TO ADMINISTRATIVE/DEVELOPMENT
5 PERMITS, CONDITIONAL/MINOR USE PERMITS, AND TEMPORARY
USE/SPECIAL EVENT PERMITS.
6
7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
8 and Common Council of the City of San Bernardino at a meeting
9
10 thereof, held on the day of , 2013, by the following vote, to wit:
11 Council Members: AYES NAYS ABSTAIN ABSENT
12 MARQUEZ
13 JENKINS
14 VALDIVIA
15
SHORETT
16
17 KELLEY
18 JOHNSON
19 MC CAMMACK
20
21 Georgeann Hanna, City Clerk
22
The foregoing resolution is hereby approved this day of
23 2013.
24
25 Patrick J. Morris, Mayor
City of San Bernardino
26 Approved as to form:
James F. Penman, City Attorney
27
28 By:
3
ATTACHMENT A
Base Tech
Fee Fee Total
Conditional Use Permit
-Minor Use Permit/Alcohol outlet in existing building $3,605 $72.10 $3,677.10
Base Tech
Fee Fee Total
Development Permit
-Administrative Permit(Director review) $1,000 $20.00 $1,020.00
-Development Permit—D/ERC review $6,438 $128.76 $6,566.76
-Development Permit—Planning Commission Review $6,720 $134.40 $6854.40
Base Tech
Fee Fee Total
Temporary Use Permit/Special Event Permit
-Temporary Use Permit $82.86 $1.66 $84.52
-Special Event Permit(Director review) $420 $8.40 $428.40
-Special Event Permit(Planning Commission review) $730 $14.60 $744.60
Development Code/Zoning Map Amendment Base Tech
Fee Fee Total
$6,960 $139.20 $7099.20