HomeMy WebLinkAboutItem 6.1 PlanDeptFeeAmend CITY CLERK
File # 390-20 & 600-60
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 15, 2001
SUBJECT:
Public Hearing - Amending Exhibit 6 Planning Department Fee
Schedule of Resolution No. 96-84 Adopting Fees for Certain
Municipal Services to Establish a Fee for Development Agreement
Estoppel Certificates.
Report Prepared by Eddie Peabody, dr., Community Development
Director
ATTACHMENTS:
1)
Resolution Amending Exhibit 6 Planning Department Fee
Schedule of Resolution No. 96-84 Adopting Fees for Certain
Municipal Services to Establish a Fee for Development
Agreement Estoppel Certificates with Exhibit A: Resolution
No. 96-84 and Ex. 6 Planning Department Fee Schedule
RECOMMENDATION:
FINANCIAL STATEMENT:
1)
Open Public Hearing; 2) Receive Staff presentation and
public testimony; 3) Question Staff and Public; 4) Close
Public Hearing and deliberate; 5) Adopt Resolution
Amending Exhibit 6 of Resolution No. 96-84 Adopting Fees
for Certain Municipal Services to Establish a Fee for
Development Agreement Estoppel Certificates.
Recovery Costs for processing Estoppel Certificates.
DESCRIPTION: One of the implementing actions of the Eastem Dublin Specific Plan calls for the City
to enter into Development Agreements with developers in the Eastern Dublin Specific Plan area. The
City Council has approved the format for the Development Agreements (Resolution No. 109-94). The
standard format includes an obligation on the City to provide an Estoppel Certificate upon request of any
party to the Development Agreement. An Estoppel Certificate certifies that (a) the Agreement is in full
force and effect and a binding obligation of the parties, (b) the agreement has not been amended or
modified either orally or in writing, or if so amended, identifies the amendments, and (c) certifies that the
requesting party is not in default in the performance of its obligations under the Agreement.
Applicabili.tV o.f Estoppei Fee
There has been an increase in requests for Estoppel Certificates as Developers sell properties that fall
within the scope of the Development Agreements. Prospective purchasers have been asking the City for
such certificates. A fee can be established to applicable persons or entities requesting a Development
COPIES TO:
In House Distribution
ITEM NO.
Agreement Estoppel Certificate who are not actual parties to the Development Agreement. Parties to the
Development Agreement would not be charged the fee because the City has agreed in the Development
Agreements to provide them such a certificate.
Estoppel Certificate Processing
An Estoppel Certificate is prepared by the Community Development Department. The Community
Development Department Administrative Aide will research the project files for the legal description and
project site to include the information on the certificate. The certificate is reviewed by the City Attorney
and the Public Works Director, and signed by the City Manager. The City Manager' s Office would make
the necessary copies for their files and route the certificate back to the Community Development
Department for distribution.
The average time, cost and overhead of personnel involved to process, review, approve and distribute an
Estoppel Certificate is as follows:
Personnel
Community Development Dept.
City Attorney
Senior Civil Engineer
Rate Processing Time Cost
$56 1 hour $56
$175 .5 hour $84.50
$90 .75hour $67.50
Staff time totals 2.25 hours, which is rounded to $200 as the recommended fee. This fee would become
effective July 1, 2001.
RECOMMENDATION:
Staff recommends that the City Council open the Public Hearing; receive Staff presentation and public
testimony; question Staff and the public; close the public hearing and deliberate; and adopt Resolution
Amending Exhibit 6 Planning Department Fee Schedule of Resolution No. 96-84 Adopting Fees for
Certain Municipal Services to Establish a Fee for Development Agreement Estoppel Certificates.
2
RESOLUTION NO. //~' 9/
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING EXHIBIT 6 PLANNING DEPARTMENT FEE SCHEDULE
OF RESOLUTION NO. 96-84 ADOPTING FEES FOR CERTAIN MUNICIPAL SERVICES
TO ESTABLISH A DEVELOPMENT AGREEMENT ESTOPPEL CERTIFICATE FEE
CONCERNING DEVELOPMENT PROJECTS LOCATED IN THE
EASTERN DUBLIN SPECIFIC PLAN AREA
WHEREAS, Resolution No. 96-84 adopting fees, charges and bond amendments for certain
municipal services was adopted by the City Council on August 27, 1984; and
WHEREAS, the City Council of the City of Dublin wishes to establish a general fee for
Development Agreement Estoppel Certificates associated with the Eastern Dublin Specific Plan area; and
WHEREAS, Chapter 11.3.1 of the Eastern Dublin Specific Plan requires Development
Agreements for all development projects located in the Eastern Dublin Specific Plan area; and
WHEREAS, Section 13 of Development Agreements states in part that "Either party may, at any
time, and from time to time, request written notice from the other party requesting such party to certify in
writing" certain conditions of the Development Agreement; and
WHEREAS, any person or entities requesting an Estoppel Certificate who are not actual parties to
the development agreement will be subject to the Development Agreement Estoppel Certificate Fee as
approved by the City Council; and
WHEREAS, a review of costs involved to provide Development Agreement Estoppel Certificates
was performed; and
WHEREAS, the project is Exempt from the California Environmental Quality Act (CEQA),
because it can be seen with certainty that there is no possibility that establishing a general fee for
Development Agreement Estoppel Certificates would have a significant effect on the environment
(Section 15061 (b)(3)).
WHEREAS, as required by State Law, a public hearing was properly noticed and held by the City
Council on May 15, 2001; and
WHEREAS, the City of Dublin desires t0 modify the fee schedule for certain municipal services;
and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve an amendment to Exhibit 6 General Fees for Certain Municipal Services to include a
Development Agreement Estoppel Certificate Fee of $200 for persons requesting an Estoppel Certificate
who are not parties to the Development Agreement.
ATTACHMENT 1
PASSED, APPROVED AND ADOPTED this 15th day of May, 2001.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
2
RESOLUTION NO.
A RESOLUTION OF THE
CITY COUNCIL OF
THE CITY OF DUBLIN
ADOPTING FEES, CHARGES,
AND BOND AMENDMENTS FOR CERTAIN
MUNICIPAL SERVICES
WHEREAS, prior to July 1, 1982 the County of Alameda had collected
specified fees and charges for the performance of government services within
the City of Dublin; and
WHEREAS, since July 1, 1982 the City of Dublin has been providing
these services either directly or through a contracting agency/firm; and
WHEREAS, fees and charges Collected during the course of City business
have been the same as those in effect in the County of Alameda on July 1,
1982; and
WHEREAS, the fee schedules do not exceed 'the estimated reasonable cost
of providing the associated serviceS.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
dublin does:hereby adopt schedules for; Police Services Fees, Grading Fees,
Engineering ·Subdivision Fees, Encroachment Fees., Bonds for Faithful·
Performance of Encroachment, Planning Department Fees, General Fees for
Services (Exhibits 1,2,3,4,5,6,and 7, respectively). Said exhibits are
attached· hereto and shall be considered as a part of this Resolution
Passed Approved & adopted this 27th day of August, 1984
Ayes: Coun. CLlanerabe,,~ ,,qeiClle/all, ~?o~t~a;6t:, VonAeeder~ and i~ct~to,z Srt!~de, z
Noes: Alone
EXHIBIT
Exhibit
City of Dublin
Planning Deparment Fee Schedule
Where the fee amount is stated as cost applicant will be required to deposit
an amount estimated by the Planning Director. If the amount of charges is
more than the deposit, the applicant will be invoiced f6r the difference.
Upon completion.of the Planning services any surplus funds will be returned
to the applicant.
SERVICES PERFORMED
Fee
10.
11.
12.
15.
16.
21..
22.
23.
24.
25.
30.
1. Standard Rezoni.ng
2. P.D. District Modification
Determination (new)
3. P.D. Districts Prelim.
4. P.D. Districts Final
5. P.D. Districts Modification
6. Subdivision requiring Final Map
7. Refiling of previouly approved map
8. Subdivisions requiring "Parcel Map"
9. Subdivisions requiring "Parcel Map
parcels each over 40 acres
Modification of conditions
Boundary Adjustment
Parcel Map Waiver
Extension of Time (New)
Certificate of Compliance
Site Development Review
Site Development Review:
Accessory structure, or not more
than two dwelling units
17. .Site Development'Review:.
Modification
(when referred)
18. Private Streets .(all)
19. Agricultural Preserves
20. Public Utility Company
Zoning Report
Street Name Change (new)
Permit
Reclamation Plan
Surface Mining & Reclamation Plan
Surface Mining/Reclamation Plan
Modification
26. Initial Study (short form) - CEQA
27. Initial Study (long form) - CEQA
28. Environmental impact Report - CEQA
29. Section 11010 Reports for Title
Companies Variance
1. R-1
Other
Conditional Use Permit
1. Administrative
2. R-1
3. 'Other
33. General Plan Amendment
34. Specific Plan'initiated by Owner
COst + $60
Cost
Cost
Cost
$100
Cost
$350
Cost + $100
Cost
$55
$70
$120
$35
$120
Cost + $140
$105
$50/+140 if referred
$225
$240
$120
$225
Cost
Cost
Cost
Cost
$25.00
Cost
Cost
$40
$25
$72.
$25
$50
$130
Cost
Cost