Resolution 2024-XX Page 1 of 2
EXHIBIT C
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
AMENDING SECTIONS I (GENERAL AND MISCELLANEOUS) OF THE
MASTER FEE SCHEDULE REGARDING APPEALS RELATED TO
TITLE 15 (BUILDINGS AND CONSTRUCTION)
WHEREAS, on March 1, 1994 the City Council adopted Resolution No. 8672, as amended from time to time, establishing the City’s Master Fee Schedule, fixing and establishing fees, rates and charges for goods and services provided by the City of Fremont; and WHEREAS, on September 17, 2024, the City introduced an ordinance to create a local building appeals board pursuant to Section 1.8.8 of the 2022 California Building Code and California Health and Safety Code Sections 17920.5 and 17920.6; WHEREAS, on September 17, 2024, the City introduced an ordinance amending Fremont Municipal Code Section 15.05.070 which establishes an appeal process for post entitlement permits that would be heard by the Planning Commission pursuant to the Housing Accountability Act (AB 2234), Government Code section 65913.3; WHEREAS, the proposed adoption of an appeal fee for appeals to the Building Appeals Board in the Building and Safety Fees section is necessary to clarify and update the fees to recover the cost of the appeal and include new appeals processes required by new state law; WHEREAS, the description for the existing appeal fee for post entitlement appeals is being amended to clarify that the Planning Commission is the hearing body for appeals received pursuant to Fremont Municipal Code Section 15.05.070;
NOW, THEREFORE, based on the information set forth in the report to City Council dated September 17, 2024, as well as any information submitted to the City Council during the public hearing, or considered by the City Council during its deliberations on this matter, the City Council of the City of Fremont hereby resolves as follows:
SECTION 1. Section I, P., General and Miscellaneous, of the Master Fee Schedule is amended as follows:
Amend fee Item I.P.7: Appeal of staff actions to the City Council Planning Commission based on FMC Title 15 (Building & Safety), as it relates to implementation of AB2234, Post- Entitlement Permits (Govt Code Sections 65589.5, 65913.3, and 65913.3.5). Fee at a rate equivalent to 15-hours at the Plan Check Professional classification hourly labor rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, administratively adjusted annually on January 1 rounded to the nearest dollar. $2,101 flat fee Resolution 2024-XX Page 2 of 2
Establish fee I.P.9: Appeal of staff actions to the Building Board of Appeals based on FMC Title 15 (Building & Safety). Fee at a rate equivalent to 15-hours at the Plan Check Professional classification hourly labor rate at step 5 as specified in the Billing Pay Schedule in Section I.G.2, Labor Costs for Employees, administratively adjusted annually on January 1 rounded to the nearest dollar. $2,101 flat fee
SECTION 2. The Master Fee Schedule (as adopted by Resolution No. 8672, and as amended thereafter) is on file in the Office of the City Clerk.
ADOPTED ____________, 2024, by the City Council of the City of Fremont by the following vote, to wit, and to be effective on November 18, 2024:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney