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Anaheim, CA 92805
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CITY COUNCIL AGENDA REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: SEPTEMBER 13, 2022
FROM: PLANNING AND BUILDING DEPARTMENT
SUBJECT: APPLICATION FEES FOR EXTENSION OF TIME TO
COMPLY WITH CONDITIONS OF APPROVAL AND FOR
OUTDOOR DINING PARKING PERMITS
ATTACHMENTS (Y/N): YES ITEM # 20
RECOMMENDATION:
That the City Council, following a public hearing, adopt a Resolution to:
1) Determine that the adoption of the proposed application fee is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21080(b)(8) of the California Public Resources Code;
2) Reduce the application fee from a $1,100 or $1,500 deposit-based fee to a $595 flat fee to request an Extension of Time to Comply with Conditions of Approval; and
3) Establish a new fee of $763 for a ministerial Outdoor Dining Parking Permit for a restaurant on private property.
DISCUSSION:
Fee for Extension of Time to Comply with Conditions of Approval The zoning code requires that all discretionary approvals, such as a conditional use permit or a variance, be exercised within two years of the date of permit approval.
The code also provides applicants the ability to apply for two individual time extensions, each granted for no longer than one year, if necessary, to exercise the approved permit. The existing fee for this application ranges from $1,100 to $1,500 and is billed at an hourly rate. Consistent with other administrative applications, staff proposes to revise this hourly fee and establish a reduced flat fee. A flat fee of $595 is proposed because applications for time extensions do not have the broad range of complexity that is expected for applications billed at an hourly rate. In addition, the flat fee provides greater certainty for applicants and less administration and overhead time for staff.
Planning & Building Department Application Fees
September 13, 2022
Fee for Parking Lot Dining Permits
On February 15, 2022, the City Council adopted an ordinance amending the zoning code to establish standards and regulations for restaurant outdoor dining in private parking lots in an effort to provide regulatory relief to businesses affected by the pandemic. Under the ordinance, an owner of a restaurant may file an application for administrative review of an outdoor dining permit in order to determine compliance with city ordinances and standards. Based on the estimated time required for staff review, staff proposes a flat fee of $763 which would be payable at the time of application. Based on similar anticipated processing times, the proposed fee is the same as the already-established rate for administrative review of a Special Circumstances Waiver for Special Event Permit, a Wayfinding Sign Program Permit, and a Telecommunications Antenna Permit.
The proposed fees are listed in the proposed fee schedule marked as Exhibit A to the fee resolution attached to this staff report.
Environmental Impact Analysis: This Resolution is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21080(b)(8) of the California Public Resources Code in that said fee is established to meet operating expenses, including employee wage rates and fringe benefits and purchasing or leasing of supplies, equipment, materials, and services.
IMPACT ON BUDGET:
The cost to implement and administer these permits will be offset by the proposed fee. Annual revenue to the General Fund is estimated at $10,000 to $15,000 based on 20-25 applications processed per year.
Respectfully submitted,
Ted White
Planning and Building Director
Attachments:
1. Resolution and Fee Schedule
2. Redlined Resolution and Fee Schedule