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CC RES 1996-086RESOLUTION NO. 96 -86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 92 -68 (THE CITY'S FEE RESOLUTION) TO: 1) ESTABLISH A TRUST DEPOSIT BILLING SYSTEM FOR ENCROACHMENT PERMITS FOR TRACT ENTRANCE OBSERVATION STRUCTURES; AND, 2) ESTABLISH A FEE FOR COVENANT TERMINATION PROCESSING WHEREAS, the City of Rancho Palos Verdes has previously 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; and, WHEREAS, the City wishes to comply with both the letter and the spirit of Article X11113 of the California Constitution and limit the growth of taxes; and, WHEREAS, the City desires to establish a policy of recovering the full costs reasonably borne of providing special services of a voluntary and limited nature, such that general taxes are not diverted from general services of a broad nature and thereby utilized to subsidize unfairly and inequitably such special services; and, WHEREAS, on July 7, 1992, the City Council adopted Resolution No. 92 -67 establishing its policy as to recovery of costs and, more particularly, the percentage of costs reasonably borne to be recovered from users of City services and directing staff as to the methodology for implementing said Resolution; and, WHEREAS, on July 7, 1992, the City Council adopted Resolution No. 92 -68 establishing a schedule of fees and charges for City Services; and, WHEREAS, on April 16, 1996, the City Council adopted a "Policy Statement For Encroachments in the Public Right -of -way" which sets forth the requirement of a new fee for Encroachment Permits for observations structures; and, WHEREAS, the costs incurred by the City in reviewing Encroachment Permits for tract entrance observation structures in the public right -of -way varies on a project -by- project basis; therefore, it is appropriate that processing costs be billed through a Trust Deposit on a cost - for - service basis; and, WHEREAS, under certain circumstances it is necessary to terminate a covenant recorded against property, where the recordation of such covenant was required by the City of Rancho Palos Verdes as a condition of permit approval; and, WHEREAS, Department of Planning, Building and Code Enforcement processing of Covenant Termination requests involves dedication of a similar amount of staff time as does initial Covenant Processing, as included on the current fee schedule; and, WHEREAS, pursuant to Government Code Section 66018, the specific fees to be charged for services must be adopted by the City Council by Resolution, after providing notice and holding a public hearing; and, WHEREAS, notice of the public he gyring for establishment of the aforementioned fees has been provided per Government t,ode Section 66016(a) and 6062(a). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The Schedule of Fee: and Charges shall be amended to include fees for Encroachment Permits - observatior structure, and Covenant Termination processing to be computed, applied, an 1 charged by the Planning Division, and to be collected by the City Finance Departmei it for such services. Section 2: The fee for Encroachment Permits - observation structure shall be based on costs actually incurred by the City in processing the application, and a trust deposit account of a minimum of one - thousand dollars ($1,000.00) shall be established prior to processing any such application. Section 3: The Fee for Covenant Termination processing shall be thirty -five dollars ($35.00). Section 4: Fully burdened rates. "Fully Burdened Rates" shall be applied to all trust deposit charges and shall be consistent with the definition of "costs reasonably borne" as defined in Resolution No. 92 -67, and shall be applied as follows: Direct hourly salary plus applicable fringe benefit rate + Services and supplies + Contracted services + Miscellaneous costs = Direct expenses U + Indirect expenses, including fixed asset recovery expenses and debt service costs Resolution No. 96 -86 Page 2 of 3 + Departmental overhead Public Works (Engineering) 6% of direct expenses Planning Division 5% of direct expenses + City overhead 15% of direct expenses FULLY BURDENED RATES Section 5: Interpretations. This Resolution may be interpreted with more than one City department head in consultation with the City Manager. Should there be a conflict between two fees, then the lower dollar amount of the two shall be applied. Section 6: Constitutionality. If any portion of this Resolution is declared invalid or unconstitutional, then it is the intention of the City Council to have passed the entire Resolution and all its component parts, and all other sections of this Resolution shall remain in full force and effect. Section 7: The attached fee schedule is hereby amended to include fees for Encroachment Permits for Tract Entrance Observation Structures and Covenant Termination processing. Section 8: Effective Date. This Resolution shall go into full force and effect on November 30, 1996, but shall be subject to the terms and conditions of Resolution No. 92 -67. PASSED, APPROVED, AND ADOPTED THE 1st DAY OF October , 1996. 4 AYO ATTEST: CITY CLERK STATE OF CALIFORNIA } COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES } I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 96 -86 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on October 1,1996. r C1N CLERK Resolution No. 96 -86 M: \USERS\DAVIDS \WPWIN60 \FEES \RESO.FNL Page 3 of 3 DEPARTMENT OF PLANNING, BUILDING AND CODE ENFORCEMENT FEE SCHEDULE EFFECTIVE NOVEMBER 30, 1996 CITY COUNCIL RESOLUTION NO. 92 -68 AND AMENDED BY CITY COUNCIL RESOLUTIONS NO. 96 -10, and No. 96 -86 MINOR APPLICATIONS FEE Business License /Home Occupation $ 12 Certificate of Compliance $ 11010 Coastal Permit (Hearings Officer) - Non - appealable $ 470 - Appealable $ 940 Covenant Processing $ 35 Covenant Termination $ 35 Fences, Walls and Hedges $ 310 Geological Assessment Report $ 900 initial trust deposit for review by Geology Investigation Permit Geology Report Review Grading -20 to 30 cubic yards or 3' cut/fill -51 to 999 cubic yards -1,000 to 9,999 cubic yards /Planning - Commission approval required for less then 1,000 - 10,000 to 99,999 cubic yards - 100,000 cubic yards or greater Landscape Plan Check and Inspection Large Family Day Care Lot Line Adjustment 1 to 5 lots 6 or more lots Parking Lot Permit - Temporary - Permanent Planning Certification Letter Reversion to Acreage Sign Permit (Staff Review) - Temporary - Permanent Site Plan Review -New Residence - Addition /Accessory Structure - Antenna - Antenna approved by Planning Commission City Geologist $ 180 Trust Deposit (amount of initial deposit determined by Staff $ 195 $ 390 $ 520* $ 740* $ 960* *Considered a major application. $ 240 $ 210 $ 430 plus Trust Deposit for City Engineer review. Trust Deposit (amount of initial deposit determined by Staff) $ 200 $ 460 $ 110 $ 275 plus $15 per lot $ 65 (one or more) $ 110 plus $5 for each additional sign $ 110 $ 65 $ 110 $ 260 EXHIBIT A Page 1 of 3 Special Animal Permit -Minor $ 250 -Major $ 500 Special Construction Permit $ 290 Special Use Permit $ 410 Street Tree Permit* -Up to 3 properties (6 trees max.) $ 550 -Each additional tree $ 250 - Administrative fee $ 125 * Trimming and removal based on actual cost, plus the administration fee. Use Determination -Staff Review $ 380 - Appeal to Planning Commission $ 11060 Vegetation Review $ 110 MAJOR APPLICATIONS FEE Coastal Permit (Planning Commission) - Nonappealable $ 720 - Appealable $ 1,150 Coastal Specific Plan Amendment - Initiation Request $ 330 - Application Trust Deposit (minimum initial deposit of $4,500) Code Amendment - Initiation Request $ 330 - Application Trust deposit (minimum initial deposit to be determined by Staff) Conditional Use Permit - Revision to existing CUP $ 600 -New CUP for pre- existing use $ 600 -New CUP $ 29400 Encroachment Permit $ 700 Encroachment Permit - Tract Entrance Observation Structures $ Trust Deposit with minimum initial deposit of $1,000 Environmental Assessment - Initial Study /Negative Declaration $ 1,230 - Environmental Impact Report Trust Deposit (amount of initial deposit determined by Staff) Extreme Slope Permit $ 830 General Plan Amendment - Initiation Request $ 165 - Application Trust Deposit (amount of initial deposit determined by Staff) Height Variation $ 11000 Minor Exception Permit $ 320 Miscellaneous Hearing $ 260 Moratorium Exclusion $ Trust Deposit (amount of initial deposit determined by Staff) EXHIBIT A Page 2 of 3 RESOL, NO. 96 -86 Moratorium Exception Permit -Staff Review -City Council Parcel Maa - Tentative -Final Sign Permit (Planning Commission) - Temporary - Permanent Tract Mat) - Tentative -Final $ 110 $ 730 $ 2,820 plus Trust Deposit for City Engineer review $ 500 plus Trust Deposit for City Engineer and City Attorney review $ 370 $ 540 plus $20 for each additional sign $ Trust Deposit (minimum initial deposit of $9,900) $ Trust Deposit (amount of initial deposit determined by Staff) plus Trust Deposit for City Engineer and City Attorney reviews Variance $ 1,140 View Restoration Permit PENALTY FEE - Original application $ 2,200 -Each additional co- applicant and /or property with $ 400 foliage when application is submitted. -For each additional tree and vegetation to the $ 400 original application once staff report $ and notice have been issued. STAMPING EXTRA PLANS For additional properties with foliage or co- applicants $ 800 after staff report and notice have been issued. Zone change $ Trust Deposit (minimum initial deposit of $4,550) REVISIONS /AMENDMENTS Half of the permit fee for those applications with a flat fee or a trust deposit (amount of initial deposit determined by Staff) for those applications which required, or would have required a trust deposit originally. MINOR APPLICATIONS APPEALS $ 700 per appellant Except Coastal Permits) MAJOR APPLICATION APPEAL $ 940 per appellant PENALTY FEE Double the application fee TIME EXTENSION $ 100 or the amount of the original permit, if less ADDRESS FILE /PUBLIC REVIEW $ 10 STAMPING EXTRA PLANS $ 25 per set beyond those required for plan check Revised:10 /2/96 N: IGROUPIPLANNINGIFORMSIFEE- SCH.REV EXHIBIT A Page 3 of 3 RESOL. NO. 96 -86