HomeMy WebLinkAbout2016-125 - Establishing a Coastal Development Permit Fee and a Coastal Development Permit Waiver Fee Pursuant to Newport Beach Municipal Code Section 21.50.040RESOLUTION NO. 2016-125
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ESTABLISHING A
COASTAL DEVELOPMENT PERMIT FEE AND A COASTAL
DEVELOPMENT PERMIT WAIVER FEE PURSUANT TO
NEWPORT BEACH MUNICIPAL CODE SECTION 21.50.040
WHEREAS, Ordinance No. 2016-19 added Title 21 to the Newport Beach Municipal
Code (NBMC) and approved the Local Coastal Program Implementation Plan
(Implementation Plan), as modified by the California Coastal Commission;
WHEREAS, NBMC Section 21.50.040 allows the City Council to establish a schedule
of fees for the processing of applications required by the Implementation Plan;
WHEREAS, in 2010, the City of Newport Beach (City) retained MGT of America, Inc.
(MGT) to prepare the cost allocation plan and cost -of -services studies for City services;
pursuant to its agreement, MGT prepared the Community Development cost -of -services
study including the Coastal Development Permit and the Coastal Development Permit
Waiver;
WHEREAS, the fees for service are no more than the cost to the City to provide such
services;
WHEREAS, NBMC Section 3.36.030 provides that the cost recovery percentage for
most user services shall be one hundred percent (100%);
WHEREAS, MGT studied the costs associated with the Coastal Development Permit
as well as the Coastal Development Permit Waiver and found the City's cost of service is
$198.98 per hour and $910.04 per waiver, respectively; and
WHEREAS, the City Council desires to incorporate the Coastal Development Permit
Fee and the Coastal Development Permit Waiver Fee, as recommended by MGT, into the
City's fee schedule.
NOW, THERFORE, the City Council of the City of Newport Beach resolves as follows:
Section 1: The City Council finds that the Coastal Development Permit Fee and the
Coastal Development Permit Waiver Fee recommended by MGT reimburses the City for its
actual and reasonable costs incurred in connection with administering these services. The
Coastal Development Permit fee is hereby added to the City's fee schedule and is rounded
down to the nearest dollar, at the rate of One Hundred Ninety -Eight Dollars ($198.00) per
hour. The Coastal Development Permit Waiver fee is hereby added to the City's fee schedule
and is rounded down to the nearest dollar, at a rate of Nine Hundred and Ten Dollars
($910.00) per waiver.
Resolution No. 2016-125
Page 2 of 2
Section 2: The fees shall take effect sixty (60) calendar days after the adoption of
this resolution.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
Section 4: The City Council finds the adoption of this resolution and the associated
fees is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical
change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because
it has no potential for resulting in physical change to the environment, directly or indirectly.
Section 5: If any section, subsection, sentence, clause or phrase of this resolution is,
for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity
or constitutionality of the remaining portions of this resolution. The City Council hereby
declares that it would have passed this resolution, and each section, subsection, sentence,
clause or phrase hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared invalid or unconstitutional.
Section 6: The Mayor shall sign and the City Clerk shall certify the vote adopting the
passage of this resolution.
ADOPTED this 22nd day of November, 201
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTO NEY'S OFFICE
Aaron C. Harp
City Attorney
mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2016-125 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 22nd day of November, 2016, and that the same was so passed and adopted
by the following vote, to wit:
AYES: Council Member Duffield, Council Member Selich, Council Member Curry, Council
Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
NAYS: None
ABSENT: Council Member Peotter
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 23rd day of November, 2016.
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Leilani I. Brown, MMC
City Clerk
Newport Beach, California
(Seal)
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