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HomeMy WebLinkAbout22-04-21 CDD Fee for Variance City of Newport Beach Planning Division Fee Schedule Effective 07/01/2021 per Council Resolution 2021-21 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 A B C D E Application / Activity Review Authority Fee Deposit Hourly Rate Amendment - General Plan 4 City Council -$7,500 $266 Local Coastal Program 1, 4 Coastal Commission $3,300 $266 Planned Community 4 City Council -$7,500 $266 Zoning Code 4 City Council $7,500 $266 Appeals to: City Council 4 City Council $1,715 -- Planning Commission 4 Planning Commission $1,715 -- Coastal Development Permit Appeals from Zoning Administrator to Planning Commission Planning Commission WAIVED Approval In Concept Permit Administrative $916 -- Certificate of Compliance $366 + $12 County Administrative $378 -- Coastal Development Permit 2, 4 Zoning Administrator $2,360 $1,000 $266 Coastal Development Permit / Parcel Map Bundle 4 Zoning Administrator $3,380 -- Coastal Development Permit Waiver / Initial Review Administrative $1,195 -- Compliance Letters/Minor Records Research Administrative $390 -- Comprehensive / Heritage / Innovative Sign Program 4 Zoning Administrator $1,906 -- Condominium Conversion Permit 4 Zoning Administrator $1,354 -- Development Agreement 4 City Council -$10,000 $266 Development Agreement Annual Review 4 Zoning Administrator $1,397 -- Director/Staff Approval Administrative $982 -- Environmental Review/CEQA 3 -Footnote 3 -- Extensions of Time (except Abatement Period)Administrative $172 -- Limited Term Permit - Less than 90 days Zoning Administrator $650 -- More than 90 days 4 Zoning Administrator $2,235 -- Seasonal Zoning Administrator $309 -- Lot Line Adjustment 4 Zoning Administrator $2,316 -- Lot Merger 4 Zoning Administrator $2,316 -- Modification Permit 4 Zoning Administrator $3,219 -- Nonconforming Abatement Period Extension 4 Hearing Officer $698 -- Operators License - Application Police Department $974 -- Appeal City Manager $946 -- Planned Community Development Plan 4 City Council -$10,000 $266 Planned Development Permit 4 Planning Commission $6,386 -- Preliminary Application for Residential Development Administrative $776 Public Noticing Costs N/A $508 Reasonable Accommodation Hearing Officer --- Site Development Review - Major 4 Planning Commission $5,776 -- Minor 4 Zoning Administrator $3,293 -- Subdivision Parcel Map 4 Zoning Administrator $2,301 -- Subdivision Tentative/Vesting Tract Map 4 Planning Commission $5,685 -- Temporary Banner Permit $58.00 + $1.00 Record Mgmt. Fee Administrative $59.00 -- Transfer of Development Rights 4 City Council $4,490 -- Use Permit - Conditional 4 Planning Commission $5,838 -- Minor 4 Zoning Administrator $3,292 -- Variance 4 Planning Commission $5,380 -- WQMP - Plan Review Administrative $500 Zoning Plan Check Administrative --$208 Park Dedication (Resolution No. 2020-95)$34,309 Per New Res. Unit - 1. Additional deposit may be required for Coastal Commission review 3. Consultant contract cost plus 10% 4. Permit requires an additional $508 public noticing cost per project 2. If Coastal Development Permit is stand-alone, the cost is a flat fee of $2,360. If CDP is processed, in conjunction with one or more applications, a deposit of $1,000 is collected. RESOLUTION NO. 2020-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ESTABLISHING THE FAIR MARKET VALUE PER ACRE TO BE USED IN ASSESSING IN -LIEU PARK DEDICATION FEES PURSUANT TO SECTION 19.52.070 OF THE NEWPORT BEACH MUNICIPAL CODE WHEREAS, Chapter 19.52 (Park Dedications and Fees) of the Newport Beach Municipal Code ("NBMC") establishes a parkland dedication standard of five (5) acres per thousand population expected to reside in new residential subdivisions in the City of Newport Beach ("City"); WHEREAS, Section 19.52.050(8) requires the subdivider pay an in -lieu fee equal to the value of land required for dedication for subdivisions containing 50 lots or less; WHEREAS, Section 19.52.050(C) allows the decision-making body to require land dedication, an in -lieu fee, or a combination of the two for subdivisions containing more than 50 lots; WHEREAS, Section 19.52.070 establishes that when a fee is required to be paid in -lieu of land dedication, that fee shall be equal to the acreage of land which would otherwise be required to be dedicated, multiplied by the fair market value per acre as established by periodic appraisal prepared by the City ("In -Lieu Park Dedication Fee"); WHEREAS, the City has retained a qualified appraiser to update and establish the fair market value per acre; WHEREAS, the results of the appraisals of two park sites and one commercial industrial property in the City have established an average value of $3,675,000 as the fair market value per acre; WHEREAS, said fair market value would establish an In -Lieu Park Dedication Fee of 38,400 per new residential unit created by an approved subdivision; WHEREAS, Resolution No. 2007-30 previously established the fair market value per acre to be used in computing In -Lieu Park Dedication Fee, and said resolution is to be hereby superseded and replaced; and WHEREAS, the City Council has reviewed the appraisal reports and determines the average fair market cost per acre to be appropriate. Resolution 2020-95 Page 2of3 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The amount of $3,675,000 is the fair market value per acre to be used in assessing In -Lieu Park Dedication Fee pursuant to Chapter 19.52 (Park Dedications and Fees) of the NBMC. Section 2: The amount of $38,400 per new residential unit created by an approved subdivision is the fair market value in assessing In -Lieu Park Dedication Fee pursuant to Chapter 19.52 of the NBMC. Section 3: The In -Lieu Park Dedication Fee established herein shall be phased -in over three years following approval of this resolution. The fee, upon approval, shall be set at 30,217 per unit; one (1) year following the approval date of this resolution, the fee shall be set at $34,309 per unit; and two (2) years following the approval date of this resolution, the fee shall be set at $38,400 per unit. Section 4: The recitals provided above are -true and correct and incorporated into the operative part of this resolution. This resolution supersedes and replaces Resolution No. 2007- 30 and any other resolution that conflicts with the fee amount, adjustments, and phase in provided in the previous sections. Section 5: The City Council finds the adoption of this resolution 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 6: 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. Resolution 2020-95 Page 3 of 3 Section 7: This resolution shall be effective sixty (60) calendar days after its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 10th day of November, 2020. ATTEST: r Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney Will eill 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; the foregoing resolution, being Resolution No. 2020-95 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 101h day of November, 2020; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield NAYS: Council Member Kevin Muldoon ABSENT: Council Member Jeff Herdman IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 121h day of November, 2020. aAi Leilani I. Brown City Clerk Newport Beach, California CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1 CIVIC CENTER DRIVE P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 (949) 644-3311 MEMORANDUM TO: PLANNING DEPARTMENT FROM: TRAFFIC ENGINEER DATE: June 16, 2021 SUBJECT: REVISED FAIR SHARE FEES-UPDATE 2021 Per City Ordinance 94-19, the Fair Share Fees are to be adjusted effective July 1 of each year based on the Consumer Price Index (the Los Angeles -Long Beach -Anaheim, All Urban Consumer Index). For 2021, the fee will be revised 3.9%, from $225.64/trip to $234.44/trip. A revised Fair Share Fee Summary Table of various land uses as defined by the 1996 NBTAM is attached for your use. If you have any questions regarding the new fee or help with fee calculations, please contact me at ext. 3329. ~ City Traffic Engineer Attachment l:\Users\PBW\Shared\TRAFFIC\Fair Share Fee\fairsharememo2021.doc FAIR SHARE FEE SUMMARY TABLE 06.16.21 FAIR SHARE FEE SUMMARY TABLE Fair Share Fee Per Trip $234.44 USE GEN RATE UNIT FEE/UNIT 1 Res-Low (SFD) 11.00 DU $2,579 2 Res-Medium (SFA) 8.60 DU $2,016 3 Apartment 6.50 DU $1,524 4 Elderly Residential 4.00 DU $938 5 Mobile Home 6.00 DU $1,407 6 Motel 10.10 ROOM $2,368 7 Hotel 10.50 ROOM $2,462 8 Resort Hotel 6.00 ROOM $1,407 9 Regional Commercial 22.00 TSF $5,158 10 General Commercial 40.00 TSF $9,378 11 Comm./Recreation 40.00 ACRE $9,378 12 Resort Commercial 35.00 TSF $8,205 13 Restaurant 66.90 TSF $15,684 14 Famlly Restaurant 177.87 TSF $41,700 15 Fast Food Restaurant 142.00 TSF $33,290 16 Auto Dealer/Sales 47.91 TSF $11,232 17 Yacht Club 50.00 TSF $11,722 18 Health Club 40.00 TSF $9,378 19 Tennis Club 44.30 CRT $10,386 20 Marina 0.50 SLIP $117 21 Theater 1.50 SEAT $352 22 Newport Dunes 5.70 ACRE $1,336 23 General Office 13.00 TSF $3,048 24 Medical Office 45.00 TSF $10,550 25 R&D 9.50 TSF $2,227 26 Industrial 5.00 TSF $1,172 27 Mini-Storage/Warehouse 2.61 TSF $612 28 Pre-School/Day Care 67.00 TSF $15,707 29 Elementary/Private School 1.00 STU $234 30 Junior/High School 1.40 STU $328 31 Civic Center/Museum 32.00 TSF $7,502 32 Library 41.80 TSF $9,800 33 Post Office 86.80 TSF $20,349 34 Hospital 11.40 BED $2,673 35 Nursing/Conv. Home 2.70 PAT $633 36 Church 7.70 TSF $1,805 37 Youth Ctr/Service 4.00 TSF $938 38 Park 6.00 ACRE $1,407 39 Regional Park 5.00 ACRE $1,172 40 Golf Course 6.00 ACRE $1,407 41 Resort Golf Course 3.00 ACRE $703 1:\Users\PBW\Shared\TRAFFIC\Fair Share Fee\FSHARE2021 UPDATE 125 Pacifica, Suite 100, Irvine, CA 92618-3304 • (949) 754-3400 Fax (949) 754-3467 TheTollRoads.com Members: Aliso Viejo • Anaheim • Costa Mesa • County of Orange • Dana Point • Irvine • Laguna Hills • Laguna Niguel • Laguna Woods • Lake Forest Mission Viejo • Newport Beach • Orange • Rancho Santa Margarita • Santa Ana • San Clemente • San Juan Capistrano • Tustin • Yorba Linda San Joaquin Hills Foothill/Eastern Transportation Transportation Corridor Agency Corridor Agency MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM FY 2022 RATES EFFECTIVE JULY 1, 2021 – JUNE 30, 2022 SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY ZONE A: Single Family $6,050/unit Multi-Family $3,524/unit Non-Residential $8.11/sq. ft. ZONE B: Single Family $4,689/unit Multi-Family $2,735/unit Non-Residential $5.99/sq. ft. FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCY ZONE A: Single Family $6,190/unit Multi-Family $3,614/unit Non-Residential $8.61/sq. ft. ZONE B: Single Family $4,405/unit Multi-Family $2,568/unit Non-Residential $4.99/sq. ft. On July 1 of each year, the fee rate schedule will increase by: San Joaquin Hills TCA 2.667% Foothill/Eastern TCA 2.206% TheTollRoads.com 125 Pacifica, Irvine, CA 92618 (949) 754-3400 Fax (949) 754-3467 FREQUENTLY ASKED QUESTIONS MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM APRIL 2021 When are fees due? Can a builder pay the fees prior to pulling of a building permit to avoid an increase in the fee amount? The fees are due at the time the permit for the building structure is issued. Fees should not be collected on preliminary permits such as grading or foundation permits. Fees should be paid to the TCA member agency issuing the permit. The fee rate applied is the rate in effect on the day of permit issuance. Fees cannot be paid prior to issuance of a permit to avoid a fee increase. What are the criteria for determining whether a single family or multi-family rate is applicable for residential projects? Can there be both single and multi-family in the same project? In 1992, the TCA adopted an interpretation of the Fee Program (Interpretation 92-1) which clarified the criteria for determining the correct category (single family or multi-family) for residential projects. A new structure generally is considered a residential unit if it contains spaces for living, sleeping, bathroom, and kitchen/kitchen hookups (sink, stove/oven or hookups, dishwasher/refrigerator space, etc.) Please contact the TCA if you have questions regarding classification of a structure as a residential unit. When a residential unit is added, or created from an existing structure, the two sets of criteria for classifying units (irrespective of zoning) are: Single Family Multi-Family (1) Separate lot (1) No separate lot (2) Detached (2) Attached (3) 1,500 square feet or larger (3) Less than 1,500 square feet Individual units will be classified as “single family” if they exhibit two or more characteristics of that category, and units will be classified as “multi-family” if they exhibit two or more characteristics of that category. The possibility exists, based on this method of categorizing units that both single family and multi-family units will occur within the same tract/development. 2 How are fees calculated for an ADU (Accessory Dwelling Unit)? Effective January 1, 2020, if an ADU is determined to be a residential unit (living space, bathroom, and kitchen, or kitchen hookups), and is 750 square feet or greater, then it should be classified and assessed fees at the multi-family residential rate in proportion to the primary dwelling unit. For example, if a single family dwelling is 1675 square feet and a new ADU of 850 square feet is proposed to be built, divide the square footage of the ADU by the square footage of the primary dwelling unit (850 / 1675 = 0.507463, at least six decimal points) and multiply this proportion times the current multi-family dwelling rate for the applicable zone to determine the fees due. If an ADU is less than 750 square feet, then fees are not due. Is credit given for demolition of a structure? Yes. Reconstruction of non-residential buildings on the same legal building site (although not necessarily in the same footprint) as the demolished structure is exempt from paying fees, provided the structure is the same square footage or less than the demolished structure. If the new structure is larger than the demolished structure, fees would be collected for the net square footage increase. Credit is given for demolition of residential units (single or multi- family) on the same lot. When are fees increased? What determines the amount of the fee increase? The fees are currently increased by a fixed percentage on July 1st of each year. The percentages are: Foothill/Eastern Areas of Benefit: 2.206% San Joaquin Hills Areas of Benefit: 2.667% How are fees charged for a hotel? A hotel is assessed at the non-residential rate for the gross square feet, including each floor of multiple story buildings. A timeshare facility also is assessed at the non-residential rate for the gross square feet. Are fees due for the addition of a building mezzanine? Per the Fee Program, any expansion of a non-residential structure is subject to fees for the net increase of gross square feet. 3 Which projects are exempt from payment of fees? Please consult the permitting agency and/or TCA to confirm if an exemption applies to your project. The following are examples of projects that may be exempt from fees. ▪ Projects that provide documentation of exemption from property taxes. ▪ On-site leasing offices and common structures in residential tracts such as a pool building, provided that the use is limited to residents. ▪ Governmental structures such as fire stations and schools, to the extent that they shall not be used for generating revenue or commercial purposes. ▪ Parking structures built for the parking of vehicles used for travel to and from the non- residential development served by the structure. Structures used for the repair, maintenance, cleaning, sale, rental or display of vehicles, or for the storage of vehicles at the site of the development, are not exempt. ▪ Structures that are permanently open to the elements – meaning that they do not have 4 walls, a door, and a roof (examples include gas station canopies, restaurant outdoor patio dining areas, etc.). What about self-storage projects? How are the fees charged? Fees are collected for the gross square feet of the project which includes all enclosed storage units. If there is a manager’s residence on site, a residential fee (instead of non-residential fee) would be collected for that portion of the project. The criteria for classifying residential units would apply in determining whether the manager’s residence was a single family or multi-family unit. How should fees be calculated for a senior citizen housing project? The only exception to the collection rules for senior housing is for congregate care projects. For example, senior apartments are charged at the multi-family rate; a convalescent hospital would be charged at the non-residential rates. A congregate care facility is a licensed community care facility offering long-term accommodations for senior citizens along with a full range of related services, such as a common dining area, doctor’s office, beauty salon, administrative offices, exercise room, etc. For those projects that qualify under this definition, please refer to Fee Program Interpretation 87-1 or contact TCA for details. If the congregate care facility is housed in a single-family structure, the project is subject to single family residential rates. Any future conversions of this type of facility to any other use shall be subject to full fee assessment at that time. How does a builder appeal the fees? The builder must pay the fees in protest and file an appeal to the Agencies’ Chief Executive Officer (CEO) within ten (10) days following the date on which the fee is required to be paid. To file an appeal, the builder must send a petition and supporting evidence on why the fees were not due or how they were calculated incorrectly to the TCA Administrative Offices. 4 The CEO will hear the appeal and issue a decision. Decisions of the CEO may be appealed to the Board of Directors. What if there is an overpayment of fees? The builder or the member agency needs to submit a request for repayment of fees. Documentation of the reason for the overpayment and copies of the receipt for the payment of fees must be submitted. The TCA will review the request and, if approved, will issue a refund check. What if the permit expires and the builder comes in to renew it? Are fees due? If a permit has expired, credit will be given for the fees already paid and the difference will be assessed. For example, if the fee amount per square foot was $4.00 when the original permit was issued and, at the request for renewal, the fees are $4.25 per square foot, 25 cents per square foot would be due. What if the permit is extended? Are fees due? If the permit does not expire and is extended with no lapse, no fees are due. However, as a matter of practice, after the permit has been extended twice, fees will be recomputed, and the difference charged. To where should member agencies send fee payments? Checks should be made payable to “San Joaquin Hills Transportation Corridor Agency” or “Foothill Eastern Transportation Corridor Agency” according to the zone for which the fees are collected. All payments and the corresponding remittance forms should be collected by member agencies and sent directly to our trust company at the following address: The Bank of New York Mellon Trust Company, N.A. Attn: CFM Dallas – Altrice Briscoe 2001 Bryan Street, 10th Floor Dallas, TX 75201 Our office also must be provided with summary sheets that include the following information by corridor: date the permit was issued, amount received, whom it was collected from, permit location (including city, zone, lot, block, tract, address, as applicable) and building permit number. 5 If you prefer to wire the funds, please use the following wire instructions. For Foothill/Eastern Transportation Corridor fees: The Bank of New York Mellon ABA# 021000018 Account# 1146428400 Reference: FE Revenue DIF Account Attn: Janette San Luis, 415-263-2439 For San Joaquin Hills Transportation Corridor fees: The Bank of New York Mellon ABA# 021000018 Account# 7397028400 Reference: SJH Revenue DIF Account Attn: Janette San Luis, 415-263-2439 Who should be contacted if there are questions on the administration of the program or if a builder has questions about the Fee Program? Please contact the TCA. You can reach: Greg Walker at (949) 754-3438 or by e-mail at gwalker@thetollroads.com, or Andrew Seibly, at (949) 754-3425 or by e-mail at aseibly@thetollroads.com If we are not available, please leave a message and we will get back to you as soon as possible. ZONE A ZONE B I 0 1 20.5 Miles TCA_AOB_Fee_Zones.mxd San Joaquin HillsTransportation CorridorArea of Benefit(AOB) AOB Fee Zone s ZONE A ZONE B City Bound ary Date: 03/10/2014 Date: Order Number: Name: Address: State: Zip Code: GIS Mapping Products City of Newport Beach 100 Civic Center Drive Newport Beach, Ca. 92660 Phone: 949-644-3184 Fax: 949-644-3180 www.newportbeachca.gov Phone: Comments: Thank You! We appreciate your business! Internal Use Only Deposit to Account # 76420203-511030 Item Description Quantity Unit Price Amount Books Atlas Books $ 60.00 Wall Maps 36" x 48" ("E-Size") $ 25.00 24" x 36" (or "D-size" $ 15.00 18" x 24" (or "C-Size" $ 10.00 Small Maps 11" x 17" (or Tabloid) (Color) $ 5.00 11" x 17" (or Tabloid) (Black/White) $ 2.00 8 1/2" x 11" (or Letter) $ 1.00 Premium Paper (E-Size) $ 10.00 Premium Paper (D-Size) $ 5.00 Sub-total: Grand Total: Amount Paid: Date: