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CC SR 20170404 01 - Minor Modification FeeCITE' OF RANCHO PALOS VERDES PUBLIC HEARING Date: April 4, 2017 Subject: Consideration and Possible Action to Amend the Master Schedule of Fees and Charges to Add a Fee for a Minor Modification Request and to Designate a Reduced Minor Modification Appeal Fee Subject Property: Citywide 1. Report of Notice Given: City Clerk 2. Request for Staff Report: Mayor Campbell 3. Staff Report & Recommendation: Associate Planner Silva 4. Council Questions of Staff (factual only, no opinions): 5. Declare the Hearing Open: Mayor Campbell 6. Public Testimony: Mayor Campbell invites brief comments from the public. Appellant: N/A Applicant: N/A 7. Council Questions of speakers — (factual only): 8. Rebuttal: N/A 9. Declare Hearing Closed: Mayor Campbell 10. Council Deliberation: Questions of staff in response to testimony and deliberation. 11. Council Action: 1 RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 04/04/2017 AGENDA REPORT AGENDA HEADING: Public Hearing AGENDA DESCRIPTION: Consideration and possible action to amend the Master Schedule of Fees and Charges to add a fee for a Minor Modification Request and to designate a reduced Minor Modification Appeal fee. RECOMMENDED COUNCIL ACTION: (1) Adopt Resolution No. 2017- , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING THE MASTER SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES TO ADD A NEW MINOR MODIFICATION REQUEST FEE AND DESIGNATING A REDUCED MINOR MODIFICATION APPEAL FEE FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Octavio Silva, Associate Planner - REVIEWED BY: Ara Mihranian, AICP, Director of Community Development; APPROVED BY: Doug Willmore, City Manager'; - ATTACHED SUPPORTING DOCUMENTS: A. Resolution No. 2017- (page A-1) BACKGROUND AND DISCUSSION: At the February 21, 2017, City Council meeting, the City Council, as part of its discussion enacting Ordinance No. 594 to revise the City's minor modification process, directed Staff to establish an application fee for Minor Modification requests. The Planning Division currently processes, at no cost to the applicant, a number of Minor Modification requests every year to modify various aspects of approved projects. Staff estimates that, based upon the recently -adopted process, it will take an average of six (6) hours to process each Minor Modification Request, which includes assessing the request with conformance to the City's Development Code and previous Conditions of Approval; preparing a written report memorialize the required Findings and the Community Development Director's decision; and providing a 15 -day Notice of Decision to any interested party. Lastly, Staff's estimate also includes the time needed to update 2 the project Conditions of Approval and approve the revised project plans for submittal to the Building and Safety Division. The proposed $322 application fee is based on an average fully -burdened hourly rate of $53. The new Minor Modification process also includes a new appeal process. The City's current appeal fee is $2,275 and a concern has been expressed that the current fee may discourage interested parties from filing appeals because of the perceived high cost. Thus, the City Council directed Staff to establish a reduced appeal fee for Minor Modifications. The Planning Division proposes a reduced Appeal fee of $1,275. This is not a new fee, since the City recently adopted the same reduced appeal fee for the processing of appeals related to Wireless Telecommunications Permits issued by the Public Works Department. The scope of work in processing an appeal of a Minor Modification would be relatively the same as for an appeal of a Wireless Telecommunications Permit in that Staff will analyze the appeal request, prepare a report and compile relevant documents. In addition, the appeal request requires public notice and a presentation to either the Planning Commission or the City Council. Based on the forgoing discussion, Staff proposes the following fees for the City Council's consideration: Permit ProposFee ed Notes Minor New Fee Modification $322 Request • Based on 6 hours of Staff time • Existing Fee is $2,275 Minor • A reduced fee was previously established Modification $1,275 by the City Council for Wireless Appeal Telecommunications Facilities in the public right-of-way • If appeal is upheld, the fee is refunded ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council's consideration: 1. Revise the Minor Modification Request fee and/or the Minor Modification Appeal fees to a different amounts, and update the draft Resolution accordingly. 2. Take no action, thereby not adopting a Minor Modification Request fee and retaining the current $2,275 appeal fee to process a Minor Modification Appeals. 9 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING THE MASTER SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES TO ADD A NEW MINOR MODIFICATION REQUEST FEE AND DESIGNATING A REDUCED MINOR MODIFICATION APPEAL FEE WHEREAS, the City of Rancho Palos Verdes conducted an extensive analysis of its services, the costs reasonably borne by the City in providing those services, the beneficiaries of those services, and the revenues produced by those paying fees and charges for services for fiscal year 2008-2009; and, WHEREAS, after conducting a public hearing, the City adopted Resolution No. 2010-77 thereby adopting a Master Schedule of Fees and Charges for City services; and, WHEREAS, on March 7, 2017, the City adopted Ordinance No. 594, amending Chapter 17.78.040 (Amendments to Approved applications) and Chapter 17.78.040 (Interpretation procedure for approved applications) of Title 17 of the City's Municipal Code to codify a "Minor Modification" process and clarifying the process for interpreting previous decisions and/or conditions of approval; and, WHEREAS, City Staff has analyzed the estimated costs of processing a Minor Modification Request which is based on approximately an average of 6 hours of Staff time and has determined that a Minor Modification Request fee of $322 does not exceed the cost to the City of processing such a request; and, WHEREAS, the City Council seeks to establish a reduced appeal fee of $1,275 for Minor Modification Requests to ensure that residents, interested parties, and the community actively participate in the City's consideration of a minor modification process for a project; and, WHEREAS, on March 16, 2017 and March 24, 2017, a notice of public hearing to be held on April 4, 2017 was published in the Palos Verdes Peninsula News; and, WHEREAS, all interested parties that have requested notice of the proposed fee increases were notified in writing on March 23, 2017; and, WHEREAS, the proposed amendment to the Master Fee Schedule was made available to the public ten days prior to the April 4, 2017 public hearing; and, WHEREAS, on April 4, 2017, the City Council conducted a duly noticed public hearing concerning the proposed new Minor Modification Request fee and the designation of a reduced Minor Modification Appeal fee; and, A-1 WHEREAS, the City Council desires to amend the Master Fee Schedule to add a new Minor Modification Request fee and to designate a reduced fee for Minor Modification Appeals. NOW, THEREFORE, the City Council of the City of Rancho Palos Verdes does hereby resolve as follows: Section 1: The facts set forth in the recitals of this Resolution are true and correct and are incorporated herein by references as though set forth in full. Section 2: The City Council hereby finds that the adoption of this Resolution amending Resolution No. 2010-77 to establish a new fee for Minor Modification Request applications and to designate a reduced fee for Minor Modification Appeal applications is exempt from the California Environmental Quality Act (Public Resources Code Sections 21080 et. seq.) pursuant to Public Resources Code Section 21080(b)(8)(A). Section 3: The City Council hereby finds that the new Minor Modification Request fee based on an average estimate of 6 hours of Staff time does not exceed the cost to the City of processing a Minor Modification Request application. Section 4: The City Council hereby finds that the designation of the reduced Minor Modification Appeal fee ensures that residents, interested parties, and the community actively participate in the City's minor modification process of a project. Section 5: The City Council hereby approves and adopts the revisions to the Master Fee Schedule and hereby amends the relevant provisions of Resolution No. 2010- 77 to incorporate the new Minor Modification Request fee and to designate a Minor Modification Appeal fee into the Master Fee Schedule attached hereto as Exhibit "A". Section 6: Any person paying a given fee who feels that any fee, charge or rate determined and set is in excess of the percentage of costs reasonably borne by the City may appeal in writing to the City Council. Section 7: The amended Master Fee Schedule specified in this Resolution Shall become effective on June 4, 2017. Section 8: The City Clerk shall certify to the passage, approval, and adoption of this Resolution, and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the City Council. Resolution No. 2017 - Page 2 of 3 A-2 PASSED, APPROVED and ADOPTED this 4t" day of April 2017. Brian Campbell, Mayor ATTEST: Emily Colborn, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, EMILY COLBORN, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2017-_, was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on April 4, 2017. CITY CLERK Resolution No. 2017 - Page 3 of 3 A-3 Exhibit A Resolution No. 2017 - Proposed Minor Modification Fees Permit Proposed Fee Minor Modification Request $322 Minor Modification Appeal $1,275 i