HomeMy WebLinkAbout2009/06/23 Item 11
CITY COUNCIL
AGENDA STATEMENT
Item No.: II
Meeting Date: 06/23/09
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER XIV (PLANNING) OF
THE CITY'S MASTER FEE SCHEDULE TO ESTABLISH A
LIMITED REVIEW FEE FOR DISCRETIONARY PERt"I1T
EXTENSIONS
SUBMITTED BY:
DEP. UTY C.g)'. iVlAl'lAGERlDEVELOPMENT
DIRECTOR6'Pr
CITY iVlAl'lAGER ~
SERVICES
REVIEWED BY:
4/5THS VOTE:
YES
NO X
BACKGROUND
On January 23, 2007, the City Council approved a comprehensive update to the Planning and
Building Department fee schedule. Included within the fee schedule is a $1,127 fee to extend
currently valid discretionary permits (eg. design review and conditional use permits). These permits
are required to be utilized within one year of issuance to remain valid. As part of the on-going
development review process streamlining effort, as well as an overall effort to assist in economic
recovery, staff is proposing to establish a Iirnited review permit extension fee of$150 for currently
valid discretionary permits.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to
Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDATION
That the City Council adopt the attached resolution approving the proposed modification to the
Master City Fee Schedule.
BOARDS/COMIVIISSION RECOMMENDATION N/A.
11-1
Date, Item No.: II
Meeting Date06/23/09
Page 2 of 3
ANALYSIS
Due to the severe downturn in the economy, the level of development activity within the City has
dropped off substantially. There are, however, several dozen currently valid discretionary
permits (design review, variance, and conditional use) that have been issued within the last year.
In many instances the projects approved under these permits have not gone forward for building
permit issuance and construction. Pursuant to the requirements of the zoning code, these types of
permits are valid for a period of one year and may be extended upon a request submitted to the
City. Permit extensions may be granted for a period of one year or longer for valid permits,
subject to the approval of the City. For permits that have been issued by the Zoning
Administrator (ZA) and Design Review Board, the ZA may grant the extension of time. The
Zoning Code requires that the Planning Commission (PC) be the approving authority for
variances and CUPs approved at the PC level.
During normal economic times there would be a reasonable likelihood that the physical
environment surrounding a particular project site may have changed since project approval, due
to the approval of other projects in a particular area. In granting permit extensions during periods
of typical development activity, staff would research other permit approvals, review project plans
and conditions, and perform a brief project analysis prior to granting the permit extension. The
fee study performed in 2007, identified approximately ten hours of staff work required to process
a discretionary permit extension, resulting in the current $1,127 extension fee.
Since the recession began in December of 2007, development activity within the City of Chula
Vista and beyond has been at an unprecedented low level. In most situations, the physical
.circumstances surrounding a project site have not Changed due to the absence of development
activity. Thus, the level of staff review required to determine that an approved project would still
be consistent with regulatory context in which it was originally approved, would not be as
intensive in most circumstances. Staff estimates that permit extension requests for most currently
valid discretionary permits would require approxiroately one hour of staff time ($150) to review
and process. The higher fee of$I,127 will be retained on the fee schedule for cases when a more
time intensive review would be required.
In order to assist with economic recovery efforts, staff will take a proactive approach in helping
applicants to extend their permits. Staff will provide written notification to applicants thirty days
pnor to permit expiration that an extension request needs to be made to the City. Staff will
approve permit extensions in most cases for two years with the option for an additional year at
no cost. It is hoped that through this effort, quality projects will be ready to be constructed with a
minimum of regulatory hurdles once the economic recovery begins to take place.
J : \P Ian n in g \$ teveXP\co unci 1 agen da.statemen t. fee. ex tens i on . dot
11-2
Date, Item No.: I (
Meeting Date06/23/09
Page 3 of 3
DECISION-MAKER CONFLICTS
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently, the 500 foot rule found in California Code of Regulations, Section
18704.2 (a)(l) is not applicable to this decision.
CURRENT YEAR FISCAL IMPACT
The proposed new fee will go into effect sixty (60) days after adoption of the resolution. The
new fee will not be collected in the current fiscal year.
ONGOING FISCAL IMPACT
For every 100 permit extensions processed, the Development Services Fund will recover $15,000
in staff costs. This fee will apply to extensions for both presently valid and future discretionary
permits.
ATTACHMENTS
1. Revised Fee Schedule
prepared by: Steve Power, Alep Principal Planner. Development Services Dept.
J :\Planning\SteveXP1councilagenda.statement.fee.extension .dot
11-3
CRUTER XIV
Planninl!
A. At'lfNEXATION
1. Annexation Deposit
The fee for petitioning the annexation of territory to the City shall be
determined by the actual staff time needed to process the application,
calculated at the City's full-cost recovery rate and initiated with a deposit.
[Resolution 2004-378, effective 11/23/2004J
B. APPEALS AND HEARINGS
1. Appeals and Requested Actions requiring public hearing
a. For all appeals from actions of the Planning Commission, Design
Review Comrnittee or a request for reconsideration of an action by
City Council pursuant to Chapter 19,12 or 19,14 of the Chula Vista
Municipal Code, the fee to the applicant shall be determined by the
actual staff time needed to process the application, calculated at the
City's full-cost recovery rate and initiated with a deposit.
Bl, [Resolution 2004-378, effective 11/23/2004
C. CONDITIONAL USE VARIANCES
1. Conditional Use PermitsNariances/ModificationsfExtensions (minor use)
a. Conditional Use Permits - Administrative... ......... ...$3,623.00
b. Variance - Administrative ............ .................... ...$3,418.00
c. Modifications - Administrative................."........ ..$2,825.00
d. Extensions - Admin or Public Hearing .... ............. ....$1,127.00
[Resolution 2007-025, effective 01/23/2007J
e. Extensions Limited Review Admin or Public Hearing $150.00
2. Conditional Use PermitlVariancelNIodification - Public Hearing
(major use)
The fee to the City shall be determined by the actual stafftime needed to
process the application, calculated at the City's full-cost recovery rate and
initiated with a deposit.
[Resolution 2004-378, effective 11123/2004
Master Fee Schedule
Part II - Development
Chapter XIV - Planning
Page 1
11-4
D. DESIGN REVIEW
1. Administrative Design Review... .................... .......... ........$3,932.00
[Resolution 2007-025. effective 01/23/2007}
2. Other Residential! COmrhercial Design Review! Public Hearing
The fee to the City shall be determined by the actual stafftime needed to
process the application, calculated at the City's full-cost recovery rate and
initiated with a deposit.
[Resolution 2004-378. effective 11/23/2004
3. Design Review Extension .............................. ...... ....... ...$1,127.00
[Resolution 2007-025. effective 01/23/2007
4. Design Review Extension Limited Review................. ....... $150.00
E. ENVIRONMENTAL REVIEW
1. Environmental Impact Report (ErR) application and candidate California
Environmental Quality Act (CEQA) findings
The fee to the City shall be determined by the actual staff time needed to
process the application, calculated at the City's full-cost recovery rate and
initiated with a deposit.
[Resolution 2004-378. effective 11/23/2004}
2. Preliminary Environmental Reviewllnitial Study................. ..$4,640.00
[Resolution 2007-025. effective OI/23/2007}
3. Habitat Los and Incidental Take Permit (HUT)
The fee to the City shall be determined by the actual staff time needed to
process the application, calculated at the City's full-cost recovery rate and
initiated with a deposit. [Note: this permit will only be in effect upon U.S.
Department of Fish & Game approval of City's Multiple Species
Conservation Plan (MSCP)]
[Resolution 2004-378. effective 11/23/2004}
4. Review of Consultant Qualifications for Placement on City's List of
Environmental Consultants
Fee: ............... ................. ...................................... ...$541.00
[Resolution 2007-025, effective 01/23/2007}
Master Fee Schedule
Part II - Development
Chapter XlV - Planning
Page 2
11-5
RESOLUTION NO. 2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING CHAPTER XIV (pLANNING) OF THE CITY'S
MASTER FEE SCHEDULE TO ESTABLISH A LIMITED REVIEW
FEE FOR DISCRETIONARY PERJ\1IT EXTENSIONS
WHEREAS, in January of2007, the City Council adopted a comprehensive update of the
City's Master Fee Schedule; and
WHEREAS, the City's Master Fee Schedule includes a fee of $1,127 for extensions of
approved discretionary permits; and
WHEREAS, the City's current fee of $1,127 for discretionary permit extensions is based
upon approximately ten hours of staff work; and
WHEREAS, the current recession and corresponding downturn in development activity
has created circumstances where many permit extension requests can be processed by staff in an
expedited manner; and
WHEREAS, the amendment to Chapter XIV (planning) of the City's Master Fee
Schedule will create a limited review permit extension fee that reflects the reduction in staff time
required to process qualifying permit extension requests; and,
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the. Califomla Environmental Quality Act ("CEQA") and has determined
that the activity is not a Project as defined under Section 15378 of the State CEQA guidelines;
therefore, pursuant to Section 15060(c) (3) of the State CEQA Guidelines the activity is not
subject to CEQA, so no environmental review was necessary;
NOW THEREFORE, be it resolved that the City Council of the City of Chula Vista does
hereby adopt Attachment A, amending Chapter XIV (planning) of the City's Master Fee
Schedule, on file with the City Clerk.
BE IT FURTHER RESOLVED, that pursuant to California Government Code section
66017(a), the amendment to Chapter XIV (planning) of the City's Master Fee Schedule shall
become effective sixty days after the adoption of this resolution.
11-6
Presented by:
Gary Halbert AICP
Deputy City Manager/Development
Services Director
11-7
B
City Attorney
CHAPTER XIV
Planning
A. Al"NEXATION
1. Annexation Deposit
The fee for petitioning the annexation of territory to the City shall be
determined by the actual staff time needed to process the application,
calculated at the City's full-cost recovery rate and initiated with a deposit.
[Resolution 2004-378, effective I 1/23/2004}
B. APPEALS AND HEARINGS
1. Appeals and Requested Actions requiring public hearing
a. For all appeals from actions of the Planning Commission, Design
Review Committee or a request for reconsideration of an action by
City Council pursuant to Chapter 19.12 or 19.14 of the Chula Vista
Municipal Code, the fee to the applicant shall be determined by the
actual staff time needed to process the application, calculated at the
City's full-cost recovery rate and initiated with a deposit.
HI, [Resolution 2004-378, effective 11/23/2004
C. COl'.'DITIONAL USE V ARIAl"CES
1. Conditional Use PermitsNarianceslModificationslExtensions (minor use)
a. Conditional Use Permits - Administrative.............. .$3,623.00
b. Variance - Administrative............................... ....$3,418.00
c. Modifications - Administrative............ .... ........... ..$2,825.00
d. Extensions - Admin or Public Hearing ................. ....$1,127.00
[Resolution 2007-025. effective OI/23/2007}
e. Extensions -Limited Review Admin or Public Hearing S150.00
2. Conditional Use Permit/VariancelModification - Public Hearing
(major use)
The fee to the City shall be determined by the actual staff time needed to
process the application, calculated at the City's full-cost recovery rate and
initiated with a deposit.
[Resolution 2004-378, effective 11/23/2004
Master Fee Schedule
Pan II - Development
Chapter XIV - Planning
Page 1
11-8
D. DESIGN REVIEW
1. Administrative Design Review.. ................... ......... .... .......$3,932.00
[Resolution 2007-025. effective 01/23/2007]
2. Other Residential/Commercial Design Review / Public Hearing
The fee to the City shall be determined by the actual staff time needed to
process the application, calculated at the City's full-cost recovery rate and
initiated with a deposit.
[Resolution 2004-378, effective 11/23/2004
3. Design Review Extension.... ................................ ..... .....$1,127.00
[Resolution 2007-025, effective 01/23/2007
4. Design Review Extension Limited Review........................ $150.00
E. ENVIRONMENTAL REVIEW
1. Environmental Impact Report (EIR) application and candidate Califomia
Environmental Quality Act (CEQA) findings
The fee to the City shall be determined by the actual staff time needed to
process the application, calculated at the City's full-cost recovery rate and
initiated with a deposit.
[Resolution 2004-378. effective 11/23/2004]
2. Preliminary Environmental Review/Initial Study.................. .$4,640.00
[Resolution 2007-025. effective 01/23/2007]
3. Habitat Los and Incidental Take Permit (HUT)
The fee to the City shall be determined by the actual stafftime needed to
process the application, calculated at the City's full-cost recovery rate and
initiated with a deposit. [Note: this permit will only be in effect upon U.S.
Department of Fish & Game approval of City's Multiple Species
Conservation Plan (MSCP)]
[Resolution 2004-378, effective J 1/23/2004J
4. Review of Consultant Qualifications for Placement on City's List of
Environmental Consultants
Fee: ..................................................................... ....$541.00
[Resolution 2007-025. effective 01/23/2007]
Master Fee Schedule
Part II - Development
Chapter XIV - Planning
Page 2
11-9