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HomeMy WebLinkAbout06-283 - Resolutions RESOLUTION NO. 06-283 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE COMPREHENSIVE FEE SCHEDULE APPLICABLE TO VARIOUS PLANNING RELATED MUNICIPAL SERVICES A. RECITALS. 1. On September 15, 2004, the City Council adopted their Resolution No. 04-293 establishing a new comprehensive fee schedule for the provision of municipal services provided by the City's Building and Safety and Planning Departments. Costs to the City for providing these services have increased since those fees and charges were last established. 2. California Government Code Section 66014 (subdivision b) allows the City to establish fees and charges for municipal services, provided such fees and charges do not exceed the estimated reasonable cost to the City in providing the service to which the fee or charge applies. 3. On September 6, 2006,the City Council gave first reading to their Ordinance No. 768 amending the Development Code requirements for public hearing notification. 4. Section 753.5,Title 14 of the California Code of Regulations(Assembly Bill 3158 effective January 1, 1991) authorizes the County Clerk to charge a processing fee payable at the filing of the Notice of Determination (NOD). Currently, the project applicant gives the City a check, made payable to the County, that the City sends with the NOD to the County Clerk within 5 days after action on the project. Oftentimes,the project applicant fails to give the City a check which can delay or prevent filing a NOD. To simplify the process for both the City and project applicants, staff recommends including the fee in the Initial Study fee which would allow the City to pay the NOD processing fee. The County Clerk currently charges $35 for the processing fee. Staff estimates that this will increase the City's cost by $18; therefore, the Initial Study fee should be increased by $53 ($35 + $18). 5. The City of Rancho Cucamonga has heretofore conducted a thorough and comprehensive study to determine actual costs to the City in providing certain planning services involving a public hearing for which the various fees and charges set forth herein apply. 6. All data indicating the estimated or actual cost to provide each service for which the fees and charges set forth herein was made available to the public at least ten (10) days prior to the date of the public hearing referred to in Recitals (7), below. Resolution No. 06-283 Page 2 of 4 7. On September 6, 2006,the City Council conducted and concluded a duly noticed public hearing as required by law concerning the fees and charges proposed to be adopted by this Resolution. 8. All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW,THEREFORE,the City Council of the City of Rancho Cucamonga hereby finds and resolves as follows: 1. All facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based on the staff reports, fee study, data and oral comments presented to this City Council at the public 'hearing identified in Recitals (7), above, the City Council hereby finds and determines that the fees and charges set forth in Exhibit 'A," attached hereto, and incorporated by reference herein, do not exceed the estimated reasonable cost of providing the service for which the fee or charge is levied. 3. Subject to the provisions of Section 4, below, the fees and charges set forth in Exhibit"A"are hereby approved and adopted as the fees and charges applicable to the respective services listed therein, and shall take immediate effect, except as hereinafter provided. In accordance with California Government Code Section 66017, those fees and charges set forth in Exhibit"A"that constitute "a fee or charge...upon a development project...which applies to the filing, accepting, reviewing, approving, or issuing of an application, permit, or entitlement to use" shall become effective and payable sixty(60) days from the date of adoption of this Resolution. 4. Each fee and charge set forth in Exhibit "A" shall be adjusted annually commencing October 1, 2006, and each year thereafter,without further action of the City Council, in proportion to the percentage change in the Consumer Price Index, All Urban Consumers, for the Los Angeles — Anaheim — Riverside statistical area, during the 12-month period ending on December 31st of the immediately preceding year. If the Consumer Price Index is discontinued, then the replacement index in Use and accepted as the industry and business standard for Southern California, as determined by the City Council, shall be utilized. 5. The City Clerk shall certify to the adoption of this Resolution. Please see the following page for formal adoption,certification and signatures Resolution No. 06-283 Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 6'h day of September 2006. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None William J. Arder, Mayor ATTEST: Debra J. Adam , MC, City Clerk 1, DEBRA J.ADAMS,CITY CLERK of the City of Rancho Cucamonga, California,do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 6'h day of September 2006. Executed this 7`h day of September 2006, at Rancho Cucamonga, California. 6", 4&' Deb4 J. Adam C, City Clerk Resolution No. 06-283 Page 4 of 4 EXHIBIT A Application Fee Appeal of Planning Director decision $1,753 Appeal of Planning Commission decision $1,990 Appeal of Tentative Tract/Parcel Ma $1,895 CUP $5,093 CUP — Non-Construction $2,251 Development District Amendment $7,092 Entertainment Permit $4,066 General Plan Amendment $10,200 Initial Study $1,358 Landmark Application $2,880 a Landmark Alteration $1,746 New Specific Plan/Community Plan $8,929 Street Name Chane $4,673 Tentative Parcel Ma $6,150 Tentative Tract Ma $11,295 Variance $1,854 Variance less than 4 dwelling units per acre $1,857 (a) No fee for residential and small business Applications Those charged as a base fee, plus a per unit or per acre amount, with a maximum set at three times the base fee. Application Base Fee Per Unit Fee Maximum Fee Specific/Community Plan Amendment` $3,140 $300.00 per $9,420 acre 'Should be charged at half rate if filed in conjunction with a General Plan Amendment.