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AGENDA BILL Agenda Item No. 6(8) Date: February 6, 2012 To: El Cerrito City Council From: Sean Moss, Senior Planner Karen Pinkos, Assistant City Manager Subject: Fees Related to Animal Permits resulting from Revisions to the Animals Ordinance ACTION REQUESTED Conduct a public hearing and upon conclusion consider adoption of a resolution amending development fees within the master fee schedule to add fees relating to animal permits resulting from the amendment of El Cerrito Municipal Code Title 7 "Animals" and amending Resolution No. 2011-30. BACKGROUND In November 2011, the City Council adopted Ordinance 2011-05, revising the City's Animals Ordinance. The revisions, which become effective on April 6, 2012, will change the standards for keeping animals such as chickens, bees, goats and pigs. In order to ensure that the new standards are met, the Council created new administrative permits for certain types of animals. Given the creation of these new permits, it is necessary for the Council to adopt fees for the new permit types. The newly created administrative permits include the Residential Chicken Clearance, the Honeybee Keeping Clearance and the Goat Weed Abatement Permit. In addition, certain exceptions to the standards will be allowed through a process of unanimous consent of directly adjacent property owners. Under the revisions to the Animals Ordinance, some animals (i.e. goats and pigs under 150 lbs.) will require an Administrative Use Permit and other animals and exceptions to the standards will require a Conditional Use Permit. ANALYSIS The table below details the proposed fee for each animal-re~ated permit type: Proposed Fees for Animal Permits Permit Fee Residential Chicken Clearance $75 Honeybee Keeping Clearance $90 Goat Weed Abatement Permit $75 Unanimous Neighbor Consent Exception $25 Administrative Use Permit for Animals $584 ---PAGE BREAK--- Agenda Item No. 6(8) In developing the proposed fees for the new permit types created by the revisions to the Animals Ordinance, City staff examined similar, existing City permits as well as similar permits in other cities. The newly created administrative permits are a streamlined process which enables City staff to verify that the applicant is meeting the standards of the revised Animals Ordinance. Once staff is able to verify this, the permit is approved over-the-counter without the applicant having to return to City Hall. This process is similar to the existing process for Fence Clearance permits (the current fee for a Fence Clearance is $58). Staff also considered the amount of processing time, postage, and other costs in determining the recommended fee and permitting process for each new permit: • Residential Chicken Clearance: staff anticipates that the processing time for a Residential Chicken Clearance will be greater than that of a Fence Clearance because verification of the particular standards required to keep chickens (such as verifying the distance to homes on adjacent lots) will consume more time than the verification of standards for fences. Staff is proposing a fee of $75 for this permit. • Honeybee Keeping Clearances are expected to take additional staff time due to the requirement that adjacent property owners be mailed a notice of the permit. Staff is proposing a fee of $90 for this permit. • Goat Weed Abatement Permits are expected to have a similar processing time as the Residential Chicken Clearance. The Fire Department may be involved in the permit process, as needed, on a case-by-case basis. Staff is proposing a fee of $75 for this permit. • Unanimous Consent: in addition to the over-the-counter permits, the revisions to the Animals Ordinance also created a process for exceptions with unanimous consent of directly adjacent property owners. Staff will develop the forms and procedures for the applicant to gather the signatures of consent. City staff will then verify the signatures by mailing a notice confirming the approval of the permit to the address of each property owner. This exception process would be in addition to submittal of the appropriate over-the-counter permit for chickens or bees. Staff is proposing a fee of $25 for the Unanimous Neighbor Consent exception. This would create a total fee of $95 for exceptions for chickens and $115 for exceptions for bees. The City of Albany charges $165 for a similar process for chickens. Under the revisions to the Animals Ordinance, certain animals which typically have a higher degree of potential impact to adjacent properties (i.e. goats and potbellied pigs) will require an Administrative Use Permit, which is a discretionary, administrative permit. Under this process, staff will visit the site where the animals would be kept and analyze the appropriateness of the site for animals. Staff will then work with the applicant to address any potential impacts to adjacent properties. There are a series of findings which the Zoning Administrator must make before the permit is issued. Goats and pigs currently require approval of the Planning Commission. During the Animal Ordinance discussion, Councilmembers indicated a desire to reduce the time and cost required to obtain such a permit by creating a category of Administrative Use Permits Page 2 ---PAGE BREAK--- Agenda Item No. 6(8) specifically for animals. Therefore, staff is proposing that the current Administrative Use Permit fee be reduced by 25% for animal-related Administrative Use Permits. FINANCIAL CONSIDERATIONS The proposed permit fees were determined based on similar, existing City permits and the consideration of staff time, postage, and materials required to process these permits. These fees are well below full cost recovery, and staff does not anticipate that these permit fees will generate a significant amount of revenue. LEGAL CONSIDERATIONS As required by California Government Code §66018(a), the City is required to conduct a public hearing prior to adopting any new fees or fee increases, as follows: 66018(a): Prior to adopting an ordinance, resolution, or other legislative enactment adopting a new fee or approving an increase in an existing fee to which this section applies, a local agency shall hold a public hearing, at which oral or written presentations can be made, as part of a regularly scheduled meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, shall be published in accordance with Section 6062a. This public hearing satisfies the Government Code requirement and was noticed in the West County Times on January 27, 2012 and February 2, 2012. Reviewed by: Scott Hanin City Manager Attachments: 1. Resolution 2. Amended Development Fee Schedule Page 3 ---PAGE BREAK--- RESOLUTION 2012-XX Agenda Item No. 6(B) Attachment 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO ADOPTING REVISIONS TO THE MASTER FEE SCHEDULE BY AMENDING RESOLUTION NO. 2011-XX, TO ADD FEES RESULTING FROM THE AMENDMENT OF EL CERRITO MUNICIPAL CODE TITLE 7 "ANIMALS" WHEREAS, on November 21, 2011 the El Cerrito City Council passed Ordinance 2011- 05, amending Title ?:Animals of the El Cerrito Municipal Code; and WHEREAS, the amendments to Title 7 created new permits for keeping animals in El Cerrito; and WHEREAS, a public hearing has been noticed and held in accordance with state law. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito hereby adopts the proposed revisions to the Master Fee Schedule for the City of El Cerrito (as shown in Exhibit which is hereby attached and by this reference made a part hereof, effective April6, 2012 and that Resolution No. 2011-30 is hereby amended. I CERTIFY that at the regular meeting on February 6, 2012 the El Cerrito City Council passed this resolution by the following vote: A YES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: IN WITNESS of this action, I sign this document and affix the corporate seal of the City ofEl Cerrito on February XX, 2012. Cheryl Morse, City Clerk APPROVED: William C. Jones III, Mayor ---PAGE BREAK--- EL CERRITO 2011-2012 PLANNING FEES EFFECTIVE DATE: APRIL 6, 2012 General Note: Fees listed below are generally standardized to cover applications for all projects. Some projects may be determined by the Community Development Director to be unusually complex and consuming of staff time. The Community Development Director is authorized to require a deposit for estimated staff and consultant costs at the time of the application. Where a standard fee has been paid, the Community Development Director is authorized to require additional deposits to cover costs of extraordinary staff effort resulting from unforeseen complexities or time-consuming delays and extra meetings. Staff time will be estimated on the basis of actual staff salary and benefits, as determined by the City's Cost Allocation Study. Item/Description General Plan and Zoning Ordinance 1. General Plan Amendment 2. Zoning Amendment Subdivisions and Lot Adjustments 1. Tentative Parcel Map 1-4 lots 2. Tentative Tract Map 5-10 lots 3. Tentative Tract Map 11-25 lots 4. Tentative Tract Map 26+ lots (per lot) 5. Final Map 1-4 lots 6. Final Map 5+ lots 7. Exception to Subdivision Ordinance 8. Lot Line Adjustment or Lot Merger 9. Certificate of Compliance Use and Development Permits 1. Planned Development 2. Incentives Program Permit Fee (Staff and Design Review Board review prior to application for Planning Commission action - Use Permit Fee is additional) 3. Use Permit Residential - 1 unit & other projects deemed minor by the Planning Manager 4. 2-4 units 5. 5-10 units 6. 11+ units 7. Use Permit Nonresidential - 1-2,500 s.f. 8. 2,501 -10,000 s.f. 9. 1 0,000+ s.f. 10. Administrative Use Permit 11. Administrative Use Permit - Keeping Animals (Title 7) 12. Temporary Use Permit 13. Large Family Day Care 14. Accessory Living Unit 15. Home Occupation 16. Zoning Clearance (Commercial) Basis each each each each each per lot each each each each each each each each each each each each each each each each each each each each each Amount $20,981 $19,915 $5,286 $7,106 $8,087 $881 $4,220 $5,119 $4,626 $1,419 $2,051 $13,705 $3,860 $978 $2,833 $3,215 $4,097 $2,598 $3,215 $4,097 $779 $584 $618 $183 $443 $86 $222 Revenue Code 6050 6050 6051 6051 6051 6051 6051 6051 6051 6051 6055 6055 6055 6055 6055 6055 6055 6055 6055 6055 6055 6055 6055 6055 6059 6055 Page 1 of 3 ---PAGE BREAK--- Item/Description Basis Amount Revenue Code Variances 1. Variance Residential - 1 unit & other projects deemed minor by each $968 6055 the Planning Manager 2. 2-4 units each $2,833 6055 3. 5-10 units each $3,215 6055 4. 11+ units each $4,097 6055 5. Variance Nonresidential - 1-2,500 s.f. each $2,598 6055 6. 2,501 - 10,000 s.f. each $3,215 6055 7. 10,000+ s.f. each $4,097 6055 Design Review 1. Design Review- 1 unit & other projects deemed minor by the each $2,429 6052 Planning Manager 2. 2-4 units each $3,306 6052 3. 5-10 units each $4,170 6052 4. 11 +units each $4,214 6052 5. Design Review Nonresidential - 1-2,500 s.f. each $2,429 6052 6. 2,501-10,000 s.f. each $3,306 6052 7. 10,000 + s.f. each $4,214 6052 8. Administrative Design Review- Structures (If elevated to ORB, each $1,033 6052 full Design Review Fee applies) 9. Administrative Design Review- Permanent Signs each $503 6052 10. Administrative Design Review- Temporary Signs each $251 6052 11. Design Consultant Review (staff admin/review fee - consultant each $793 6052 .costs are additional) Business Sign Application 1. Individual Business Sign Permit each $186 6055 Miscellaneous 1. Pre-application Meeting with Staff each $0 6055 2. Pre-application Study Session: Planning Commission or Design each $1,776 6055 Review Board 3. Preliminary Review of Multi-Story Single Family Construction each $375 6055 (RAD) 4. Street Vacation each $2,672 6055 5. Unspecified or Research- hourly each $164 6055 6. Rebuild or Interpretation Letter each $444 6055 7. Fence Clearance Permit each $58 6055 8. Residential Chicken Clearance each $75 6055 9. Honeybee Keeping Clearance each $90 6055 10. Goat Weed Abatement Permit each $75 6055 11. Unanimous Neighbor Consent Exception for chickens or bees each $25 6055 12. Public Notice Mailing List Generation each $87 6055 13. Public Notice Mailing Fee per address 151 Class 6055 to be mailed postage plus 7 cents per envelope 14. Laserfiche Fee per page $3 Environmental Review 1. Categorical Exemption each $175 6053 2011-2012 Planning Fee Schedule Page 2 of 3 ---PAGE BREAK--- 2. Negative Declaration (City Prepared -any consultant costs are each $3,157 6053 additional) 3. Mitigated Negative Declaration (City Prepared- any consultant each $9,156 6053 costs are additional) Item/Description Basis Amount Revenue Code Environmental Review (continued) 4. Administrative Fee for consultant prepared environmental 30%> of 6053 documents consultant cost 5. Mitigation Monitoring each $6,656 6053 Development Agreement each $19,285 6057 Permit Amendment/Time Extension each Y2 current PC-6055 application fee DRB-6052 Appeals By non-applicant each $291 6054 By applicant each Y2 current 6054 application fee County Clerk Filing Fees (set by County) Notice of Exemption each $50 6056 Notice of Determination (ND/MND) each $2,094 6056 Notice of Determination (EIR) each $2,889.25 6056 Publications Zoning Ordinance each $37 6065 General Plan, 1999 each $37 6065 General Plan Environmental Impact Report (EIR), 1999 each $18 6065 Subdivision Ordinance each $3 6065 Parking Guidelines each $3 6065 Zoning Map each $4 6065 Miscellaneous Bound Reports per page $.34 6065 Special Studies (Hazard) Maps, 11" x 17" each $4 6065 Special Studies (Hazard) Maps, 36" x 54" each $28 6065 Printing, Reproduction, Documents Photocopies (8 1/2" x 14" or smaller) per page $0.10 1700 Photocopies (larger than 8 1/2" x 14", including mail & per page actual cost 1700 administrative costs) Application forms, information sheets each Free Planning Commission or Design Review Board Agendas Resident per packet $17 1725 Non-Resident per packet $20 1725 Planning Commission or Design Review Board Minutes Resident per page $.10 1725 Non-Resident per page $.10 1725 2011-2012 Planning Fee Schedule Page 3 of 3