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Home My WebLink AboutRes 2014-53 New Planning App Fee 4 Admin Use Permits CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: ADOPTION OF A NEW PLANNING APPLICATION FEE IN THE AMOUNT OF $345 DOLLARS FOR PROCESSING ADMINISTRATIVE USE PERMITS AS DESCRIBED IN PALM DESERT MUNICIPAL CODE SECTION 25.64.040 SUBMITTED BY: Tony Bagato, Principat Planner DATE: May 22, 2014 CONTENTS: Resolution No. 2014- 53 Legal Notice Recommendation Waive further reading and adopt Resolution No. 2014- 53 establishing a $345 fee for processing Administrative Use Permits as described in Palm Desert Municipal Code Section 25.64.040. Discussion As part of the Zoning Ordinance update approved on August 22, 2013, a new Administrative Use Permit (AUP) was created to allow staff to review and approve certain uses that are considered minor in nature. Previously, these minor uses would require either a Conditional Use Permit (CUP) or Minor Conditional Use Permit (MCUP). A CUP application requires a $2,894 deposit fee. A MCUP application requires a $1,500 deposit fee. Both of these applications require review and approval by the Planning Commission, which takes approximately six to ten weeks for approval. The AUP requires review and approval by staff, and a notice to the surrounding property owners. If no neighboring property owners request a hearing, the AUP is approved as proposed or modified with conditions of approval placed on the permit by staff. Staff time to review and approve an AUP is approximately 2.5 hours. The total cost for 2.5 hours of review by a planner is $345. Staff is recommending that the City Council adopt a new fee for AUP's in the amount of$345. Staff Report Administrative Use Permit Fee Page 2 of 2 May 22, 2014 Environmental Review The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), has determined that the proposed fee is not a project according to CEQA. Therefore, no additional environmental review is required for adoption of this fee. Fiscal Impact If approved, the cost of the fee will cover the salary for staff time used into the General Fund and there will be no impact to the General Fund. Submitted By: CITyCOUNCILA�C'TION APPROVED � DENtED � / RE EIVED OTHER Tony Bagato, Principal Planner MEET G DATE a ' AYES: 'e � NO�S: Department Head: ABSENT: � ABSTAIN: VERIFIED BY: ile with City C k's Office Lauri Aylaian, Director of Community evelopment Approval: au S. Gibson, Finance Director n M. Wohlmuth, City Manager G:\Planning\Tony Bagato\Staff ReportsWUP�Fee Resolution\CCSR_AUP_Fee_Resolution.docx RESOLUTION NO. 2014- 53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING A $345 FEE FOR PROCESSING ADMINISTRATIVE USE PERMIT APPLICATIONS. WHEREAS, the City has established a new permit for Administrative Use Permits, requiring staff time for review and processing of the each application. WHEREAS, staff wishes to recoup a portion of such costs to the City in the form of a fee similar to other local government agencies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, Califomia, that a fee of three hundred forty five dollars ($345) be established to offset the expenses to the City, payable using a cashier's check, money order, or cash for the purposes of paying the fee. BE IT FURTHER RESOLVED that the City Council does hereby authorize the City Treasure/Director of Finance to charge the fee for processing each Administrative Use Permit application. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this day of 2014, by the following vote, to wit: AYES: NAYS: ABSENT: ABSTAIN: VAN G. TANNER, MAYOR ATTEST: RACHELLE KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA CITY OF PALM DESERT LEGAL NOTICE NOTICE IS HEREBY GIVEN that the City Council will consider a request to adopt a new Planning Application fee in the amount of$345 doliars for processing Administrative Use Permits as described in Palm Desert Municipal Code Section 25.64.040. The City of Palm Desert(City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act(CEQA), has determined that the proposed fee is not a project according to CEQA. Project Location/Description: Proiect Location: Citywide Proiect Descriation: On August 22, 2013, the City Council approved a new Zoning Ordinance which included a new Administrative Use Permit (AUP). The AUP process was added to the Zoning Ordinance to allow certain uses that may be approved by the Zoning Administrator instead of requiring a Conditional Use Permit (CUP). A CUP requires a $2,894 trust deposit, and may take up to 8 to 10 weeks for approval. The AUP will be reviewed over a two-week period, and staff is recommending a$345 flat fee for the time spent to process the application. These uses covered by an AUP are considered minor in nature, only have an impact on immediately adjacent properties, and can be modified and/or conditioned to ensure compatibility. Recommendation: Staff is recommending that the City Council adopt the flat fee for processing all AUP applications. Public Hearing: The public hearing will be held before the City Council on May 22, 2014, at 6:00 pm. Comment Period: The public comment period is from the date of this letter to May 22, 2014. Public Review: The application and related documents are available for public review daily at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the Architectural Review Commission hearing. All comments and any questions should be directed to: Tony Bagato, Principal Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760)346-0611 tbagato@cityofpalmdesert.org PUBLISH: DESERT SUN RACHELLE KLASSEN, CITY CLERK MAY 9,2014 PALM DESERT,CALIFORNIA ,` �` ' ' �ity of Palm Desart � dConnmunitv pevelopmen� �AY �. � zo�� 2014 BOARD OF DIRECTORS desert valleys builders association PRES(DENT Joseph Hayes First Bank 1" VICE PRESIDENT Bruce Maize Fidelitv"Citle SECRETAR Y/TREASURER Eileen Eske Pacific Premier Bank VICE PRESIDENT � OF ASSOCIATES May 12, 2�14 Allan Levin Allan Levin&Assoeiates PAST PRESIDENT Mark Benedetti BMC Seleet 8uild CHIEFEXECUTIVEOFFlCER City of Palm Desert Gretchen Gutierrez Tony Bagato, Principal Planner DIRECTORS 73-510 Fred Waring Road Fred szll Palm Desert, CA 92260 Nobell Ener�y Solutions LLC Brian Benedetti Brian Benedetti contracting �� Administrative Use Pernlit And��Brakebill �d��,asSo��ates Yrinr�n� The Desert Valleys Builders Association supports the City's action to To�„�Usose approve a new Zoning Ordinance which includes a new Administrative Use Development Design&. Engineering n�ta��ar�c n�n� Permit. The application of which would be more conducive and appropriate Nt��aret�r�n'c�nstru�t��n for the use of many of the City's residents. DVBA also supports the flat-rate Ntar�o�onZa�zs fee based on time and use of City services and materials. GHA Companie� Mark Gran Stricdy sus�n�s5 consu�t�ne Sincerel ,�--- � Todd Hooks _.t f j Agua Caliente Band of Cahuilla Indians � � � Dave Lippert •'� Lippert Construction.Inc Gre eri tle eZ FIeather Loutsenhizer Chief X CU ve Offieer �'enta Building Group _ Bruce Maize Fideliri•Title Insurance Tom Noble Noble&Company,LLC Dan Olivier [��iuelier/Olivier/Whittaker LLP Alan Pace Petra Geotechnical John Po�vell..tr. Coachella Vallev Water District Marvin Roos MSA Consulting Inc Greg Smith Smith-Kandai Insurance/Real Gstate Phil Smith Sunrise Company "atrici:Swarthout ?mperial Irrigation District �`ftwatte°b�Qe` 75100 Mediterranean � Palm Desert • CA 92211 tiVattenbarger Construction (760) 776-7001 office • (760) 776-7002 fax www.thedvba.org TheDesertSun Certificate of Pubiication 750 N Gene Autry Trail R'�{�i°�'��'�� Palm Springs,CA 92262 CIT Y CI�RK'S 0�'FtCE 760-778-4578/Fax 760-778-4731 P A l M C}E 5 E R T'. C A g�u naY 22 �+� �r State Of California ss: County of Riverside Advertiser: CITY OF PALM DESERT 73510 FRED WARING DR PALM DESERT CA 922602 2000434501 I am over the age of 18 years old, a citizen of the United No A758 CITY OF PALM DESEi�T States and not a party to, or have interest in this matter. t LEGAINOTICE' hereby certify that the attached advertisement appeared NQTI�E iS NER��Y, GIVEN met the Ciry in said newspaper (set in type not smailer than non pariel) plenNn A�pplioetion�fe`fin the amoun�of$345 in each and entire issue of said newspaper and not in any dollars�orRrxassing Administrmtive.Use Permits• su lement thereof on the followin dates,to wit as�scnbetl i�Pslm Deaert MuniGpal Code Sec- pp 9 tion g5.e4.040. The Ciry of`P61m Desert(City),in its capaciN es Newspaper: .The Desert Sun the Lead°Agency fort�is proJecFunderthe Cadfor- nfa Envi'ronmental.t�ual(iy Aet(CEflA);has deter- mined thaYthe prop�sed fae(s not a proJect ec- cording to GEQA. 5/9/2 014 �Project CaYa�[onI D9sori�tion: � Projecttocatlon �iiy+wide , Project DescripUon C/n August?z 201 a,the C'�y ��GounciFapproved Zoning�Qrdi�ar�ce whicfi � �inclutled=a�ne�Atl�j�ist�4d�tU,&6 RBhnk,�AUP.�� The AUP proceas was ddded ta t�H ZPriin !:��• nance t�,�IbW ce ii�use§tf��ilta b��pP"roved� � � by the k0�ttng A��oistr�tQrki�te� requi►�rig':a Condft(tf�&f U�sp Ft9rr�it:(C�(p),i4�U�`i`equ�ires�a I acknowled e that I am a rinci al clerk of the rinter of S2,s94 truekdeposh'�nnd tna take up to B to to 9 P P P o�ka[w week P.e�1P�,enpd�staff Is becomrr�nd�- The Desert Sun, printed and published weekly in the City tng a$34fi flat tas for the time spent to prvicess of Pafm Springs, County of Riverside, State of Califomia. theappucation. The DeseR Sun was adjudicated a newspaper of general Ti,ese uses cov�red',by an r�uP are considered circulation on March 24, 1988 by the Superior Court of the mmor in nature,only have an impact on irtnnedi- atel adJacecrt.pro ides, an�,cen,be modBigd County of Riverside, State of California Case No. ` and�or conditioned�o ensure eompetibiiiry. ; 191236. ° �' ' � � � � ��Recorhmend�tlnn;Stotf is rgeqminending ihat the� C�Councii adopt th8 flat fee for processir�g al1 A applications. I declare under penaity of perjury that the foregoing is true Public Headn :The public headn.gwill be held be- fore the City�ouncil pn May 2�,g�14,at 6:(10 pr�.� and correct. Executed on this 9th day of May, 2014 in �ment Perivd: The publib comment edod ia Palm Springs,Cai' ia from the tlate of this letterto May-22 2ot�� ;� �Public Review:'fhe appli pOr�;�nd relatBd�,doCu- mants are availab�e foF p�I�C K�+iew daiiv at Ciry Hall.Please submit vJdtCen commentsto the Plan- _Y�--- -- _. .-- ning,pa�artm8r�t:if anY group.Ghall�nges Ehe ac- � / tion in court,issues rg�sed may b9 limited to only ��y'' those issu�s raised at�he pu6iic liearing descn- a r � �'" bed in this natioe.or;in wdlten Cqnespondence'at, l or prior to.the Aroh(tectural RevleW Commission hearing,All comments and any qu�st(ons ahould �---"`J��eclara ' ignatu � I be directed ta: � � "�"" Tony 8agato Principal Planner Cdy of Palm�esert �73•�t0 W�d�Warin9 Rrive Palrti:qesert,CA 92260 � (76d}�463d�11 , , " tbagafo�ciryofpalmdesett.org AACIiEI.LE KLP.5S��GITf CLERK RALM DESERT,CALI ORNIA Publlshesf:5l8Lt4' ��