CC - Item 3B - Comprehensive Fee Resolution Update For New Community Development Planning Division FeesROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER
DATE: OCTOBER 8, 2013
SUBJECT: COMPREHENSIVE FEE RESOLUTION UPDATE FOR NEW
COMMUNITY DEVELOPMENT — PLANNING DIVISION FEES
SUMMARY
The City of Rosemead is pursuing a comprehensive update to the City's Zoning Code
(Title 17 of the Rosemead Municipal Code) to further enhance the quality of life in
Rosemead, to implement General Plan policy, and to add provisions mandated by State
and Federal law. The Comprehensive Zoning Code Update project establishes several
new land use development application procedures. A revised fee resolution is proposed
for the purpose of covering costs for individualized services and for enforcing the new
procedures in the Zoning Code by the collection of application fees. This update does
not include any changes to existing fees listed in the City's existing Comprehensive Fee
Resolution.
Staff Recommendation
It is recommended that the City Council take one of the following two actions:
1. ADOPT City Council Resolution No. 2013 -46 (Attachment A), establishing new
Community Development (Panning Division) fees for the new land use development
application procedures that were established in the Comprehensive Zoning Code
Update.
2. CONTINUE this public hearing item to the meeting of the City Council on Tuesday,
October 22, 2013.
ANALYSIS
The proposed Comprehensive Zoning Code Update establishes several new land use
development applications and permits. New Planning Division fees are proposed based
on the personnel costs of City staff and the amount of time expected to review
applications, along with the costs associated with the enforcement of the new
regulations. Staff completed a fee survey of the cities that surround the City of
ITEM NUMBER: 3�
City Council Report
October 8, 2013
Paae 2 of 5
Rosemead in order to determine appropriate fees. Many of the proposed fees are lower
that the average fee in the survey. This fee survey has been attached to this
memorandum as Attachment "B." Below is a brief summary of the land use permits
and /or requests and corresponding fee proposals.
Administrative Determination
This new procedure will allow the Community Development Director to make
interpretations of the Zoning Code as policy decisions, upon following the specific
standards. Interpretations would be distributed to the City Council, Planning
Commission, City Attorney, City Clerk, and all affected staff when made. Any
interpretation can be appealed to the Planning Commission. An interpretation can also
be referred to the Planning Commission. The application of this new provision could
include permitting a proposed land use that is not identified in the Zoning Code if the
use is substantially similar to a use that is permitted.
Proposed Fee: $450.00 (The proposed fee is slightly lower than the average fee of
$480.00 charged for this service among the cities surveyed.)
Administrative Use Permit
The Administrative Use Permit process has been proposed to streamline the
development review procedure for certain more ministerial approvals with the
Community Development Director. The Administrative Use Permit is intended to allow
for public review of land use proposals that are not of sufficient magnitude or complexity
to warrant a Planning Commission hearing, but could have a noticeable impact on the
neighborhood. Uses listed in the proposed Comprehensive Zoning Code Update as
requiring an Administrative Use Permit are deemed to possess location, use, building or
traffic characteristics of such unique and special form as to make impractical or
undesirable their automatic inclusion as permitted uses.
Proposed Fee: $500.00 (The proposed fee is slightly lower than the average fee of
$529.00 charged for this service among the cities surveyed. It is important to note
that this fee does not include the required public noticing or LA County Clerk
recording fees that are currently established in the City's fee resolution.)
Appeals to the Planning Commission
The City's Comprehensive Fee Resolution contains an appeal fee of $750.00 for
Planning Commission decisions that are appealed to the City Council. A new fee is
required for Community Development Director decisions that are appealed to the
Planning Commission.
Proposed Fee: $650.00 (The proposed fee is slightly lower than the average fee of
$687.00 charged for this service among the cities surveyed.)
City Council Report
October 8, 2013
Pace 3 of 5
Density Bonus
A density bonus, by definition, means that a developer will be able to exceed the
maximum allowable density for the district, and thus build more housing units, in
exchange for the dedication of a portion of the housing units for very low, low and /or
moderate income residents. Staffs survey found that not many jurisdictions have an
application fee, as a way to provide incentives for the development of affordable
housing. However, fees to cover the public hearing costs and the review of housing
agreements we charged in some case to cover staff time.
Proposed Fee: Cost + 10% (The proposed fee is to cover materials and staff time
for the preparation, review, and monitoring of housing agreements.)
Development Agreements
A development agreement is a contract between a local jurisdiction and a person who
has ownership or control of property within the jurisdiction. The purpose of the
agreement is to specify the standards and conditions that will govern development of
the property. The development agreement provides assurance to the developer that
he /she may proceed to develop the project subject to the rules and regulations in effect
at the time of approval - the development will not be subject to subsequent changes in
regulations. Development agreements also benefit the local jurisdiction, as the City
may include conditions that must be met to assure that a project at a specific location
does not have unacceptable impacts on neighboring properties or community
infrastructure. The agreement often includes how the project will be phased, the
required timing of public improvements, and the developer's contribution toward funding
system -wide community improvements.
Proposed Fee: Cost + 10% (The proposed fee is to cover materials and staff time
for the preparation, review, and monitoring of development agreements.)
Joint/Off-Site Parking Agreement
A joint use /off -site parking means the use of a single parking facility by several related
uses occupying the same or adjacent parcels.
Proposed Fee: Cost + 10% (The proposed fee is to cover materials and staff time
for the preparation and /or review of such parking agreements.)
Minor Exception
Minor Exceptions address minor deviations from City Zoning Code standard that would
normally have lesser impact and warrant less intensive review than Variances.
Proposed Fee: $300.00 (The proposed fee is slightly lower than the average fee of
$347.00 charged for this service among the cities surveyed. It is important to note
that, if required, this fee does not include the required public noticing or LA County
Clerk recording fees that are currently established in the City's fee resolution.)
City Council Report
October 8, 2013
Page 4 of 5
Outdoor Sales (Nonresidential)
Outdoor sales and displays consist of merchandise placed and advertised for sale
outside of a structure as an accessory use.
Proposed Fee: $70.00 (The proposed fee is lower than the average fee of $159.00
charged for this service among the cities surveyed. It is important to note that it is
expected that the review of such applications will be comparable to reviews of
commercial tenant improvement applications which also cost $70.00.)
Reasonable Accommodation
Reasonable accommodation means providing disabled persons flexibility in the
application of land use and zoning regulations and procedures, or even waiving certain
requirements, when necessary to eliminate barriers to housing opportunities. It may
include such things as yard area modifications for ramps, handrails or other such
accessibility improvements, hardscape additions, such as widened driveways, parking
area or walkways, building additions for accessibility, or tree removal.
Proposed Fee: No fee (Staff found that most cities have not yet established or do
not charge a fee for a reasonable accommodation request. It is recommended that
no fee is charged as a business - friendly and disabled - friendly measure.)
Temporary Use Permit
A temporary use permit is intended for land uses that are interim, not permanent, and /or
seasonal in nature. These types of land uses generally last between one (1) and thirty
(30) days, and occur on private property.
Proposed Fee: $225.00 (The proposed fee is slightly lower than the average fee of
$266.00 charged for this service among the cities surveyed.)
Specific Plan Amendment
The City of Rosemead already has an established fee of "Cost +10 %" for new
applications requesting the adoption of Specific Plans. A fee of "Cost +10 %" is proposed
for future requests of amendments to any established Specific Plans.
Proposed Fee: Cost + 10% (The proposed fee is comparable to what other
surrounding jurisdictions charge.)
Time Extensions (not including Maps or Conditional Use Permits)
The proposed revisions to the City of Rosemead fee resolution would result in several
new fees for different types of discretionary applications. The fees vary depending on
the scale of each type of development proposal. When such applications are approved,
conditions will specify a time frame within which the applicant has to commence the
project. For example, the City charges a fee of $300.00 for Conditional Use Permit
Extensions.
City Council Report
October 8, 2013
Page 5 of 5
Proposed Fee: $300.00 (The proposed fee is comparable to what other surrounding
jurisdictions charge and is also the same for what is charged for a Conditional Use
Permit Extension.)
Discretionary Site Plan and Design Review
The Zoning Code update requires a "Discretionary Site Plan and Design Review" for
any nonresidential development proposal to construct a new building of three thousand
(3,000) gross square feet or more, or an addition of three thousand (3,000) square feet
or more within a one year period, or an addition that exceeds fifty (50) percent of the
existing floor area of the building. This new development application procedure is
subject to the same application review process that is required for projects located
within the City's D -O (Design Overlay) zone. The City's current fee resolution already
provides Design Review application fees for projects located within the D -O zone. For
this reason it is intended that all "Discretionary Site Plan and Design Review"
application requests will be processed in accordance with the existing Design Review
fees. Although no new fees are proposed, it is recommended that the fee titles in the
resolution be revised to clarify this matter.
Proposed Fee Title Revisions: (The revisions are shown in strikethrough text for text
to be eliminated and underline text for text to be added.)
Design Review /New Commerelal Nonresidential Structures
Comm ereial Nonresidential Design Review /Remodel with Additions
PUBLIC NOTICE PROCESS
Pursuant to California Government Code Section 65091, this public hearing notice has
been published in at least one (1) newspaper of general circulation within the local
agency, as the number of owners of real property within 300 feet of the project site is
greater 1,000. Lastly, this notice is also posted in five (5) public locations, specifying
the availability of the application, plus the date, time and location of the public hearing.
LEGAL REVIEW
The attached Resolution No. 2013 -46 have been reviewed and approved by the City
Attorney.
Prepared by:
Prepared by:
Sheri Bermejo Michelle G. Ramirez
City Planner Community Development Director
ATTACHMENTS:
Attachment A: City Council Resolution 2013 -26
Attachment B: Permit Fee Survey
ATTACHMENT A
Reserved
RESOLUTION 2013 -46
A RESOLUTION OF THE CITY OF ROSEMEAD, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, ADDING
NEW COMMUNITY DEVELOPMENT (PLANNING
DIVISION) FEES
WHEREAS, a Comprehensive Zoning Code update was adopted by the City
Council of the City of Rosemead by Ordinance No. 931 to further enhance the quality of
life in Rosemead, to implement General Plan policy, and to add provisions mandated by
State and Federal law; and
WHEREAS, the Comprehensive Zoning Code Update establishes several new
land use development applications and permits to provide assurance to residents of the
City that certain land uses and development requests will not disrupt, become a
nuisance, disturb, or modify the character of the City of Rosemead, and
WHEREAS, the primary method of assuring that the requirements of the
ordinance are being met by developers and project applicants is through development
application procedures that subjects developers and project applicants to operation
conditions and development standards, and
WHEREAS, the Municipal Code of the City of Rosemead provides that certain
filing fees, permit fees, and conditions of service may from time to time be established
by the City Council, and
WHEREAS, the City Council of the Rosemead has determined that the cost of
providing certain services is not of general benefit but of benefit to the individual and,
therefore, certain filing fees, permit fees, and conditions of service should be required to
pay for materials and special services performed by the City staff, and
WHEREAS, after the passage of Propositions 4 and 218, local governments
were made to charge for the costs of services to those who benefited, and
WHEREAS, based upon fee justification reports on file with the City Clerk, the
City Council finds that the fees included in this Resolution represent a portion of the
actual costs of the services provided, and therefore, there is rational relationship
between the fees charged and the services funded, and
WHEREAS, the City Council has found that since the fees represent a portion of
the actual costs of the service provided, there is a reasonable relationship between the
amount of the fee charged and the costs of the services provided to the person paying
the fee, and
1
WHEREAS, the City has determined that based on the personnel costs of City
staff and the time expected to be needed to review applications, along with the costs
associated with the enforcement of the regulations, that the costs of processing new
development applications are substantially covered and are not exceeded by the fees
proposed below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD
DOES HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The Rosemead City Council imposes the following Community
Development/Planning Application fees and fee title revisions:
New Community Development/Planning Fees
Administrative Determination
Administrative Use Permit
Appeals to the Planning Commission
Density Bonus
Development Agreements
Joint/Off-Site Parking Agreement
Minor Exception
Outdoor Sales (Nonresidential)
Reasonable Accommodation
Temporary Use Permit
Specific Plan Amendment
Time Extensions (not including Maps or Conditional Use Permits)
$450.00
$500.00
$650.00
Cost + 10 %
Cost + 10%
Cost + 10%
$300.00
$70.00
No fee
$225.00
Cost + 10%
$300.00
Proposed Fee Title Revisions: (The revisions are shown in strikethrough text for
text to be eliminated and underline text for text to be added.)
Design Review /New Semmemial Nonresidential Structures
Sennrnefsial Nonresidential Design Review /Remodel with Additions
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
hereafter the same shall be in full force and effect.
(Signatures on Following Page)
K
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rosemead,
County of Los Angeles of the State of California on October 8, 2013.
Polly Low, Mayor
City of Rosemead, California
ATTEST:
Gloria, Molleda, City Clerk
City of Rosemead, California:
APPROVED AS TO FORM
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
3
ATTACHMENT B
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