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Home My WebLink About75A - PH DEVELOP PROJ FEESREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 18, 2018 TITLE: PUBLIC HEARING REGARDING THE ADOPTION OF A RESOLUTION WITH CORRECTIONS TO THE ADOPTED MISCELLANEOUS FEES FOR DEVELOPMENT PROJECT REVIEW FEES FOR FISCAL YEAR 2018-2019 (STRATEGIC PLAN NO. 4,2A) r— CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution to correct certain published miscellaneous fees as adopted within the "Planning and Building Agency - Development Project Review" section of the adopted Fiscal Year 2018-2019 Schedule of Uniform Fees for Miscellaneous Services. DISCUSSION The City Council adopted the Fiscal Year 2018-2019 (FY 18-19) City's Miscellaneous Fee (Exhibit 1) on June 19, 2018. During a recent review of the adopted fees, staff discovered that certain fees published within the miscellaneous fee schedule for development project review for FY 18-19 did not reflect the approved Consumers Price Index (CPI) increase equaling to 3.88 percent as authorized in City Council Resolution No 2018-040 (Exhibit 2). The adopted FY 18-19 miscellaneous fee schedule contains calculation errors and only reflects an increase of approximately 0.99 percent for certain fees on the schedule instead of the 3.88 percent as authorized by the City Council. Table 1 below outlines the differences between the adopted schedule and the proposed amended amounts to reflect the correct increase based on the approved percentage rate of 3.88 percent. 75A-1 Amend Development Project Review Fees in the FY18-19 Misc. Fee Resolution December 18, 2018 Page 2 Table 1: Adopted Miscellaneous Fee Schedule with Incorrect Prices and Proposed Adjustments SQ.FT. RANGE FY 17-18 Misc. Fee for Additional SF ($/SF) FY 18-19 Adapted Misc. Fee (Incorrect) FY 18-19 Misc. Fee Increase Based on 3.88%CPI Increase amount Per SF Difference 0-999 $ 5.51 $ 5.55 $5.72 $-0.17 1,000 -1,999 $4.06 $ 4.09 $4.22 $-0.13 2,000-4,499 $2.30 $2.32 $2.39 $-0.07 4,500-9,999 $1.31 $1.32 $1.36 $-0.04 10,000 -19,999 $0.72 $0.73 $0.75 $-0.02 20,000-49,999 $0.27 $0.27 $0.28 $-0.01 50,000-99,999 $0.14 $0.15 $0.15 Correct 100,000+ $.0.07 $0.08 $0.07 $0.01 Upon approval, staff will apply the new corrected fees on a going -forward basis for new development project review applications. STRATEGIC PLAN ALIGNMENT Approval of the action allows the City to meet Goal #4 - City Financial Stability, Objective #2, (provide a reliable five year financial forecast that ensures financial stability in accordance with the strategic plan, Strategy A (adopt a budget that is in alignment with the financial forecast and strategic plan). FISCAL IMPACT The purpose of the proposed amendment is to apply the correct fee amount reflecting the 3.88 percent CPI increase authorized by the City Council for the FY 18-19 Miscellaneous Fees for Development Review. If no action is taken to address the calculation errors, the City will not be collecting the full fee amount authorized for FY 18-19. The proposed fee changes shall take effect immediately upon the Resolution adoption by the City Council to amend certain miscellaneous fees contained within the adopted FY 18-19 Schedule of Uniform Fees for Miscellaneous Services and revenues collected will be deposited into the Site Plan Review Charge (Account No. 01116002-53616). O Minh Thai Executive Director Planning and Building Agency SM:fg S:RFCA11248-18 APPROVED AS TO FUNDS AND ACCOUNTS: IK Kathryn Downs, CPA Executive Director Finance and Management Services Agency Exhibits: 1. Miscellaneous Fee Resolution - Development Review Fee 2. Resolution 2018-040 3. Amended Resolution 75A-2 RESOLUTION 2018.040 REVENUE FY 18.19 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION VIII PLANNING & BUILDING AGENCY 53613 Sign Permit Review Fee 510.03 53613 Planned Sign Program Review Fee 574.81 53606 Regional Planned Sign Program Fee 5,709.33 53613 Sign Program Amendment Fee 50% App. Fee 53606 Site Plan Review (Public Hearing) Fee 4,217.49 53606 Specific Development Zone Fee (No Additional Dwelling Unit Fee) Fee 16,913.25 53613 Temporary Sign Permit Fee 166.34 53613 Temporary Trailer Permit Fee 637.94 57770 Subdivision Ordinance Each City's Cost 53616 Development Project Review (Site Plan Review) S.F. RANGE BASE COST ADDITIONAL SQUARE FOOTAGE 4,678.18 plus [5.55 x sq. footage above 1 sq. ft.] 4,678.18 1,000 -1,999 s.f..... 5,736.15 plus [4.09 x sq.. footage above 1,000 sq. ft.] 5,736.15 2,000 - 4,499 s.f..... 9,966.71 plus [2.32 x sq. footage above 2,000 sq. ft.] 9,966.71 4,500 - 9,999.......... 15,982.96 plus [1.32 x sq. footage above 4,500 sq. ft.] 15,982.96 10,000 - 19,999 ...... 23,516.86 plus [0.73 x sq, footage above 10,000 sq. ft.] 23,516.86 20,000 - 49,999..... 31,052.11 plus [0.27 x sq. footage above 20,000 sq. ft.] 31,052.11 50,000 - 99,999...... 39,106.05 plus [0.15 x sq. footage above 50,000 sq. ft.] 39,106.05 100,000+ s.f............ 46,872.29 plus [0.08 x sq. footage above 100,000 sq. ft.) 46,872.29 53606 Tract Map Tentative Filing Fee Fee 4,980.30 Plus Each Lot Fee 19.60 Plus Each Dwelling Unit Fee 19.60 53606 Underground Utilities Waiver Flat Filing Fee Fee 517.34 57770 Zoning Ordinance Booklets Per Booklet City's Cost 53606 Variance Filing Fee Fee 5,538.35 Condition Modification Fee 50% App. Fee EXHIBIT 1 75A&3 75A-4 I LS 6.5.18 RESOLUTION NO. 2018-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2018-2019 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby, finds, determines and declares as follows: A. Each year, for the convenience of the public, the City Council gathers in a single document a comprehensive listing of fees and service charges imposed by the City upon those persons seeking services of value from the City. B. This document is known as the "Miscellaneous Fee Schedule" for Fiscal Year 2018-2019 and is on file at the Clerk of the Council office, and incorporated by this reference. C. As part of approving the Miscellaneous Fee Schedule for Fiscal Year 2018-2019, the various agencies of the City have analyzed the cost to administer the various programs, activities and applications for which the City imposes fees or service charges. D. In certain circumstances, agencies have determined that the cost to the City to process or undertake the services set forth in the Miscellaneous Fee Schedule has increased over the prior fiscal year by approximately 3.88%, so that certain proposed fees for Fiscal Year 2018-2019 have been increased by this percentage, or by this amount rounded. This percentage reflects the change in the Consumer Price Index -All Urban Consumers Component for the Los Angeles -Riverside -Orange County area (CPi) in a twelve-month period ending December 31, 2017. E. The Council finds that the cost of providing the services set forth in the Miscellaneous Fee Schedule has risen by 3.88% and that this reflects the cost of administering certain programs, activities or applications for which the City levies charges, fees or service charges. Such 3.88% increase does not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. Similarly, in a few limited circumstances, agencies have determined that the fee should be deleted; new charges should be added or modified; or, existing charges raised beyond this 3.88%. Such charges are listed In the 'Proposed New Miscellaneous Fees' and 'Proposal to Modify Existing Fees', attached to the staff report submitted for this matter and made a part hereof by this reference. EXHIBIT 2 95 75A-5 Resolution NoP ge i of 3 F. In order to have a single comprehensive document for Fiscal Year 2018- 2019, the majority of fees which are unchanged have simply been reprinted in the Miscellaneous Fee Schedule. The Council expressly states that it is not its intention to repeal previously adopted fees and adopt new fees of exactly the same amount, but is simply repeating these fees so that the Miscellaneous Fee Schedule can continue to be a comprehensive source of City fees and service charges. G. In each of these cases, the Council finds, determines and declares that such new or increased charges, fees or service charges do not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. H. Based upon the testimony, reports and other evidence submitted on this matter, this City Council makes the above-specified findings. Section 2: The Miscellaneous Fee Schedule for Fiscal Year 2018-2019 is hereby adopted. Each fee or service charge set forth shall be levied until further resolution of this Council. Section 3: To the extent that any fee or service charge established pursuant to City Resolution No. 2017-025 is Inconsistent with the fees or service charges established pursuant to this Resolution, then said Resolution No. 2017-025 is hereby repealed. Section 4: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, Irrespective of the fact that one or more provisions may be declared invalid. Section 5: This Resolution shall be operative from and after July 1, 2018. Resolution No. 2018-040 Page 2 of 3 7GA-6 ADOPTED this 19th day of June, 2018, APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers LS 6.5.18 Pulido, Sarmiento, Solorio, Tinaiero, WI -le -gas (5) None (0) None (0) NOT PRESENT: Councilmembers Benavides, Martinez (2) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, Resolution No. 2018-040 to be the original City of Santa Ana on June 19, 2018. Date: &."66 do hereby attest to and certify the attached resolution adopted by the City Council of the Maria Huizar''/ Clerk of the Council City of Santa Ana 2018-040 977 5A-7 Resolution N Page 3 of 3 75A-8 Table 1: Adopted Miscellaneous Fee Schedule with Incorrect Prices per Square Foot Proposed Current Increase (Incorrect) based on FY Misc. Fee 3.88% CPI FY 17/18 2018/19 Increase Increase PROPOSED ADDITIONAL S.F. RANGE BASE COST BASE COST amount amount .SQUARE FOOTAGE Difference plus [5.72 x sq. footage 0-999 $4,503.45 $4,678.18 $ 5.55 $5.72 above 1 sq. ft.] $-0.17 1,000-1,999 plus [4.22 x sq. footage s.f....... $5,521.90 $5,736.15 $ 4.09 $4.22 above 1,000 sq. ft.] $-0.13 2,000 - 4,499 plus [2.39 x sq. footage s.f...... $9,594.44 $9,966.71 1 $ 2.32 $2.39 above 2,000 sq. ft.] $-0.07 4,500- plus [1.36 x sq. footage 9,999......... $15,385.98 $15,982.96 $1.32 $1.36 above 4,500 sq. ft.] $-0.04 10,000- plus [0.75 x sq. footage 19,999....... $22,638.49 $23,516.86 $0.73 $0.75 above 10,000 sq. ft.] $-0.02 20,000- plus [0.28 x sq. footage 49,999...... $29,892.29 $31,052.11 $0.27 $0.28 above 20,000 sq. ft.] $-0.01 50,000- plus 10.15 x sq. footage 99,999...... $37,645.41 $39,106.05 $0.15 1 $0.15 above 50,000 sq. ft.] Correct 100,000+ plus [0.08 x sq. footage s.f............. $45,121.57 $46,872.29 $0.08 $0.07 above 100,000 sq. ft.] $0.01 17►111:11.1111 l 75A-9 75A-10 LS 12.18.18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MODIFYING THE UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR DEVELOPMENT PROJECT REVIEW FEES FOR FISCAL YEAR 2018-2019 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby, finds, determines and declares as follows: A. Each year, for the convenience of the public, the City Council gathers in a single document a comprehensive listing of fees and service charges imposed by the City upon those persons seeking services of value from the City. B. This document is known as the "Miscellaneous Fee Schedule' for Fiscal Year 2018-2019 and is on file at the Clerk of the Council office, and incorporated by this reference. C. As part of approving the Miscellaneous Fee Schedule for Fiscal Year 2018-2019, the various agencies of the City analyzed the cost to administer the various programs, activities and applications for which the City imposes fees or service charges. D. The City Council adopted the City's Miscellaneous Fee Resolution on June 19, 2018. During a recent review of the adopted fees, staff discovered that certain fees published within the Miscellaneous Fee Schedule for development project review for FY 18-19 did not reflect the approved Consumers Price Index (CPI) increase equaling 3.88 percent as authorized in City Council Resolution No 2018-040. E. The adopted FY 18-19 Miscellaneous Fee Schedule contains calculation errors and only reflects an increase of approximately 0.99 percent for certain fees on the Schedule instead of the 3.88 percent as authorized by the City Council. Table 1 below outlines the differences between the adopted and published Schedule and the proposed amended amounts to reflect the correct increase based on the approved percentage rate of 3.88 percent. F. The Council finds, determines and declares that such corrected charges, fees or service charges do not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. G. Based upon the testimony, reports and other evidence submitted on this matter, this City Council makes the above-specified findings. 143:11.1110 Resolution No. 2018-xx 75A-11 Page 1 of 4 LS 12.18.18 Section 2: The Miscellaneous Fee Schedule for Fiscal Year 2018-2019 shall be amended with respect to the Planning and Building Development Project Review fees as reflected on Table 1, attached hereto and incorporated herein by reference. Upon approval, staff will apply the new corrected fees on a going -forward basis for new development project review applications. Section 3: To the extent that any fee or service charge established pursuant to City Resolution No. 2018-040 is inconsistent with the fees or service charges established pursuant to this Resolution, such inconsistencies in Resolution No. 2018- 040 are hereby repealed. Section 4: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney 2018. Miguel A. Pulido Mayor 75A-12 Resolution No. 2018-xx Page 2 of 4 LS 12.18.18 AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2018. Date: Clerk of the Council City of Santa Ana Resolution No. 2018-xx 75A-1 3 Page 3 of 4 LS 12.18.18 Table 1: Adopted Miscellaneous Fee Schedule with Incorrect Prices and Proposed . Adjustmerits d. SQ.FT, FY 17-18 Misc. Fee FY 18-19 FY 18-19 Misc Fee Increase.-:, ' 'Per SF RANGE Additional SF Adopted Misc Based on 3.88% CPI ` D i fference ($/S F) Fee (Incorrect) Increase amount 0-999 $ 5.51 $ 5.55 $5.72 $-0.17 1,000- $4.06 $ 4.09 $4.22 $-0.13 1,999 2,000- $2,30 $ 2.32 $2.39 $-0.07 4,499 4,500- $1.31 $1.32 $1.36 $-0.04 9,999 10,000- $0.72 $0.73 $0.75 $-0.02 19,999 20,000- $0.27 $0.27 $0.28 $-0.01 49,999 50,000- $0.14 $0.15 $0.15 Correct 99,999 100,000+ $.0.07 $0.08 $0.07 $0.01 Resolution No. 2018-xx 75A-14 Page 4 of 4