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Resolution 2014-14RESOLUTION NO. 2014-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REVISING THE COMPREHENSIVE SCHEDULE OF FEES CHARGED BY PLANNING, BUILDING, AND PUBLIC WORDS ENGINEERING TO INCREASE EXISTING FEES ON SELECT APPLICATION REQUESTS WHEREAS, State law allows cities to charge fees or charges for the fling, accepting, reviewing, approving or issuing of an application, permit or entitlement, so long as the amount of those fees and charges do not exceed the estimated cost required to provide the service for which the fees or charges are levied; and WHEREAS, Government Code Section 66014 states that the city may include, within the application fees for service provisions, the costs reasonably necessary to prepare and revise the plans and policies that a local agency is required to adopt before it can make any necessary findings and determinations; and WHEREAS, after review and analysis with affected departments and the city administrator, staff has prepared and recommended revisions of the City of Gilroy ( "City ") Comprehensive Fee Schedule, as authorized by the various Sections of the City Code, and WHEREAS, the basis for the fees and charges is set forth in the city staff report dated April 7, 2014, and the revised fees will be contained in the Comprehensive Fee Schedule 2011; and WHEREAS, pursuant to State law and the City Code the public hearing for the fees has been publicly noticed; and WHEREAS, this Resolution is exempt from environmental review pursuant to Section 15273 of the State Guidelines implementing the California Environmental Quality Act of 1970, as amended; 1 RESOLUTION NO. 2014-14 4811-0423.60580 JH104706083 WHEREAS, the council has determined that the fee increases will apply to all planning applications; however, the increased fee shall not apply to planning fees collected for other agencies, planning fees collected for payment of attorney services, planning fees collected for direct publishing costs, or planning fees collected for purposes of paying non -City consultants for their work in establishing compliance with the California Environmental Quality Act; and WHEREAS, the council has determined that the fee increases will apply to all building plan check and inspection services; however, the increased fee shall not apply to building plan check or inspection services, including sub - trades, for residential photovoltaic; residential water heater, furnace, and air conditioning replacements; residential reroofs; and interior residential remodeling such as kitchen and bath remodels; and WHEREAS, for purposes of building plan review and inspection services that are excluded from the increased fee as described in the immediately preceding paragraph, "residential" is considered as one- and two - family residences, including interior and photovoltaic work on individual condominium and townhouse units; and WHEREAS, the council has determined that the fee increases will apply to all public works engineering applications for subdivision map reviews and for public improvement plan reviews and inspections associated with new development; and WHEREAS, this Resolution initially increases existing city service fees and charges for specified planning, building, and public works engineering review and inspection services by 4% for specified building and public works engineering applications and fees and by 11 % for specified planning application fees and charges, referred to as Tier 1 in the attached Exhibit "A;" and WHERAS, upon the city's receipt of expenditure authorization from the state for the city's High Speed Rail Master Plan effort, this Resolution hereby further increases the fees and 2 RESOLUTION NO. 2014-14 4811 -0423 -60580 JH104706083 charges specified planning, building, and public works engineering review and inspection services by 0.7% for specified building and public works engineering applications and fees, to a total of 4.7% for specified building and public works engineering applications and fees, and by 4% for specified planning application fees and charges, to a total of 15% for specified planning application fees and charges, referred to as Tier 2 in the attached Exhibit "A;" and WHEREAS, the percentage increases to applicable fees will be applied as an increased percentage charge on the specified fee and service charges, as those fee and service charges are amended from time to time; and NOW, THEREFORE, BE IT RESOLVED that the City Council approve the amendments to the City of Gilroy Comprehensive Fee Schedule 2011 attached hereto as Exhibit "A" and incorporated herein by this reference. BE IT FURTHER RESOLVED that the updated fees and charges contained in the Comprehensive Fee Schedule 2011, as amended, shall take effect July 1, 2014, and will apply to specified planning, building, and public works engineering applications. PASSED AND ADOPTED this 7`h day of April, 2014, by the following AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO, LEOR- MUNOZ, WOODWARD and GAGE NOES: COUNCILMEMBERS: TUCKER ABSENT: COUNCILMEMBERS: NONE APPROVED: Donald Gage, Mayor C ATTEST: S awna Freels, City rk 3 RESOLUTION NO. 2014 -14 4811 - 0423-60580 JH104706083 Exhibit "A" City of Gilroy Comprehensive Fee Schedule 2011— Updates Incorporating Planning Costs Pursuant to City Council Resolution No. 2014 -14 Fees affected by City Council Resolution No. 2014 -14 follow. Fees not included in the matrix below are not impacted by Resolution No. 2014 -14. Increased costs outlined herein are for Tier 1. For Tier 2, as identified in the associated resolution, the 4% increases will become 4.7% and the 11 % increases will become 15 %. The following sections are pulled directly from the Comprehensive Fee Schedule 2011, with the headings and line items referencing the associated sections and existing fees in the Comprehensive Fee Schedule 2011. COMMUNITY DEVELOPMENT DEPARTMENT General Inspections and Fees (all divisions) (City Code Sections 6.1 & 7.1. (a)) Additional plan review required by changes, additions or revisions to approved plans Additional permit issuance (minimum charge -one half hour) Inspections for which no fee is specifically indicated (minimum charge -one half hour) Inspections outside of normal business hours Re- inspection fees assessed under Section 305(8) Uniform Administrative Code Deferred Submittal Increase to Existing Fees (Tier 1)t 4% Building & 11 % Planning *4.7% Building & 15% Planning 4% Building & 11 % Planning *4.7% Building & 15% Planning 4% Building & 11% Planning *4.7% Building & 15% Planning 4% Building & 11 % Planning *4.7% Building & 15% Planning 4% Building & 11% Planning *4.7% Building & 15% Planning 4% Building & 11 % Planning *4.7% Building & 15% Planning Building Life Environmental Safety (BLES) Building Building Plan Check All line items under Building Plan Check heading Increase to Existing Fees 4 %, except no increase for residential: photovoltaic; water heater, furnace, and air conditioning replacements; reroofs; and interior remodeling such as kitchen and bath remodels. For purposes of this section, "residential" is considered as one- and two - family residences, including interior and ' Tier 2, as identified by * to become effective upon the City's receipt of expenditure authorization from the state for the City's High Speed Rail Master Plan effort. 4837. 6873- 5258vl JH104706083 photovoltaic work on individual condominium and townhouse units. *4.7% Miscellaneous Fees (City Code Sections 6.1 & 7.1. (a)) Increase to Existing Fees All line items under Miscellaneous Fees heading, except those specifically exempted herein Residential Pre -roof Inspections Reproduction 4 %, except no increase for residential: photovoltaic; water heater, furnace, and air conditioning replacements; reroofs; and interior remodeling such as kitchen and bath remodels. For purposes of this section, "residential" is considered as one- and two - family residences, including interior and photovoltaic work on individual condominium and townhouse units. *4.7% No increase for "residential" meeting the definition above. No increase for these categories. Solar Panels Applications No increase for "residential" meeting the definition above. Strong Motion Fee (Charged by State through City) No increase to state pass - through fees. Permit Fees Building Permit Electrical, Mechanical and Plumbing Grading TABLE 1 -A BUILDING PERMIT FEES *Electrical Plan Check Fee — 30% of Total Electrical Permit 2 4837 - 6873- 5258v1 N04706083 Increase to Existing Fees 4 %, except no increase for residential: photovoltaic; water heater, furnace, and air conditioning replacements; reroofs; and interior remodeling such as kitchen and bath remodels. For purposes of this section, "residential" is considered as one- and two- family residences, including interior and photovoltaic work on individual condominium and townhouse units. *4.7% 4 %, except no increase for residential: photovoltaic; water heater, furnace, and air conditioning replacements; reroofs; and interior remodeling such as kitchen and bath remodels. For purposes of this section, "residential" is considered as one- and two - family residences, including interior and photovoltaic work on individual condominium and townhouse units. *4.7% 4 %, except no increase for residential: photovoltaic; water heater, furnace, and air conditioning replacements; reroofs; and interior remodeling such TABLE B — ELECTRICAL PLAN REVIEW AND PERMIT FEES, including all subheadings TABLE C — MECHANICAL PLAN REVIEW AND PERMIT FEES, including all subheadings *Mechanical Plan Check Fee — 30% of Total Electrical Permit TABLE D — PLUMBING PLAN REVIEW AND PERMIT FEES, including all subheadings *Plumbing Plan Check Fee — 30% of Total Electrical Permit 3 4837 - 6873- 5258vl JH104706083 as kitchen and bath remodels. For purposes of this section, "residential" is considered as one- and two - family residences, including interior and photovoltaic work on individual condominium and townhouse units. *4.7% 4 %, except no increase for residential: photovoltaic; water heater, furnace, and air conditioning replacements; reroofs; and interior remodeling such as kitchen and bath remodels. For purposes of this section, "residential" is considered as one- and two - family residences, including interior and photovoltaic work on individual condominium and townhouse units. *4.7% 4 %, except no increase for residential: photovoltaic; water heater, furnace, and air conditioning replacements; reroofs; and interior remodeling such as kitchen and bath remodels. For purposes of this section, "residential" is considered as one- and two - family residences, including interior and photovoltaic work on individual condominium and townhouse units. *4.7% 4 %, except no increase for residential: photovoltaic; water heater, furnace, and air conditioning replacements; reroofs; and interior remodeling such as kitchen and bath remodels. For purposes of this section, "residential" is considered as one- and two - family residences, including interior and photovoltaic work on individual condominium and townhouse units. *4.7% 4 %, except no increase for residential: photovoltaic; water heater, furnace, and air conditioning replacements; reroofs; and interior remodeling such as kitchen and bath remodels. For purposes of this section, "residential" is considered as one- and two - family residences, including interior and photovoltaic work on individual condominium and townhouse units. *4.7% 4 %, except no increase for residential: photovoltaic; water heater, furnace, and air conditioning replacements; reroofs; and interior remodeling such as kitchen and bath remodels. For purposes of this TABLE G — GRADING SURFACE DRAINAGE PLAN REVIEW FEES, including all subheadings TABLE H — GRADING PERMIT FEES, including all subheadings Planning * *Processing Fees and Charges (City Code Section 7.1. (a)) Annexation Fees City as Lead Agency Note: Actual cost for other related fees will be collected by the City for outside agencies. Appeal, Planning Commission Appeals, All Other Planning section, "residential" is considered as one- and two - family residences, including interior and photovoltaic work on individual condominium and townhouse units. *4.7% 4 %, except no increase for residential: photovoltaic; water heater, furnace, and air conditioning replacements; reroofs; and interior remodeling such as kitchen and bath remodels. For purposes of this section, "residential" is considered as one- and two - family residences, including interior and photovoltaic work on individual condominium and townhouse units. *4.7% 4 %, except no increase for residential: photovoltaic; water heater, furnace, and air conditioning replacements; reroofs; and interior remodeling such as kitchen and bath remodels. For purposes of this section, "residential" is considered as one- and two - family residences, including interior and photovoltaic work on individual condominium and townhouse units. *4.7% Increase to Existing Fees 11% *15% No Increase 11% *15% 11% *15% ** Additional fees may be assessed, as determined by the Community Development Director, based upon complications due to environmental review, three or more re- submittals, continued public hearings, additional publishing costs and applicant delays, etc. Said additional fees will increase by 11 %. * 15% Architectural and Site Review Request, including 11% *15% all subcategories and additional fees, including increases to accompanying applications noted as such in the fee schedule 4 4837. 6873- 5258v1 JH104706083 Conditional Use Permit Request Continuance Request by Applicant Development Agreement Fees Development Time Extension Environmental, including all subcategories General Plan Map Amendment General Plan Text Amendment Historic Neighborhood Designation Historic Site Designation Mills Act Request Minor Deviation Variance Review, including subcategory Miscellaneous Projects Planned Unit-Development, including additional applications included in associated note Planning Inspections Planning Plan Check Residential Development Ordinance Competition (RDO) RDO Housing Exemption Filing Fee plus publishing costs Performance Agreement Deposit Security Deposit Application Fee Sign Permit Request 4837. 6873- 5258vl JH104706083 11% *15% 11% *15% 11% *15% 11% *15% 11%, except that the increased fee shall not apply to planning fees collected for other agencies or planning fees collected for purposes of paying non -City consultants for their work in establishing compliance with the California Environmental Quality Act. The increase would not apply to attorney costs or direct publishing costs. *15% 11% *15% 11% *15% 11% *15% 11% *15% 11 %, except that the increased fee shall not apply to attorney costs * 15% 11% *15% 11% *15% 11% *15% 11% *15% 11% *15% 11 %, except that the increased fee shall not apply to direct publishing costs * 15% 11 %, except that the increased fee shall not apply to direct publishing costs * 15% 11% *15% 11% *15% 11% *15% 5 Temporary Use Review (Zoning Code Section 47.10) Tentative Parcel Map Tentative Tract Map Request Tentative Tract Map Extension Urban Service Area Fee Variance Request Williamson Act Cancellation Request Zone Change Request Zoning Ordinance Amendment Request 11% *15% 11 %, except that the increased fee shall not apply to direct publishing costs * 15% 11% *15% 11% *15% 11 %, except that the increased fee shall not apply to planning fees collected for other agencies or planning fees collected for purposes of paying direct publishing costs * 15% 11 %, except that the increased fee shall not apply to direct publishing costs * 15% 11 %, except that the increased fee shall not apply to direct publishing costs or attorney fees * 15% 11 %, except that the increased fee shall not apply to direct publishing costs * 15% 11 %, except that the increased fee shall not apply to direct publishing costs * 15% Public Works Department Special Public Works Services Increase to Existing Fees Subdivision Map Check, including all sub - categories 4% *4.7% Improvement Plan Check and Inspection Fees Additional plan review required by changes/ Additions or revisions to approved plans 4% *4.7% Re- inspection fee and fee for inspections not shown 4% *4.7% (Minimum charge -one half hour) Inspections outside of normal business hours 4% *4.7% Improvement Plan Check and Inspection Fees, 4% *4.7% including all subcategories 4837 - 6873 -5258, v. 1 6 48376873- 5258v1 JH104706083 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2014 -14 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7 1 day of April, 2014, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 91h day of April, 2014. Shawna Freels, MMC City Clerk of the City of Gilroy (Seal)