City Council
259 N. Wilma Avenue
Ripon, CA 95366
MEMO
To: Honorable City Council
From: Ken Zuidervaart, Planning Director
Date: 06/13/2023
Subject: RMC Chapter 3.24 - Update
RECOMMENDED ACTION:
This resolution amends the City of Ripon’s Planning Agency fees for the processing of land use applications pursuant to Section 3.24.080 of the Ripon Municipal Code.
BACKGROUND:
In 1984, the City Council adopted Chapter 3.24 of the Ripon Municipal Code in which fees for land use entitlement processing were enumerated. The processing fees set forth within Chapter
3.24 at that time were adequate to cover entitlement processing costs, however since that time the fees enumerated within Chapter 3.24 no longer cover costs associated with the processing of such applications.
DISCUSSION/ANALYSIS:
Over time, the Planning Agency Fee Schedule has been adjusted and amended by resolution pursuant to Chapter 3.24.080 of the Ripon Municipal Code to further reflect adequate entitlement processing costs. While staff continuously monitors all application fees necessary to process more standard project applications, it is sometimes necessary to enter into reimbursement agreements with applicants on larger, more complex projects in order to cover staff’s time and consultant’s costs in order to process the entitlement application.
The attached Planning Agency Fee Schedule was revised to add “Note #2” to allow for the Director of Planning to require a project enter into a reimbursement agreement.
FISCAL IMPACT:
N/A
Attachments:
1. Planning Fee Schedule 2023 - Exhibit A
RESOLUTION NO. 23-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIPON ESTABLISHING A REVISED PLANNING
APPLICATION FEE SCHEDULE TO INCLUDE LANGUAGE
REGARDING REIMBURSEMENT AGREEMENT
REQUIREMENTS FOR THE PROCESSING OF
ENTITLEMENT APPLICATIONS WHERE THE PLANNING
AGENCY FEE SCHEDULE WILL NOT ADEQUATELY
REIMBURSE THE CITY'S COST OF PROCESSING
WHEREAS, California Government Code Section 66014(b) authorizes cities to impose and collect fees for the processing of land use applications; and WHEREAS, In 1984, the City Council adopted Chapter 3.24 in which fees for land use entitlement processing were enumerated and provision was made for increasing said fees by subsequent Council resolution(s); and
WHEREAS, previous hereto the City of Ripon has established a Planning Agency Fee Schedule for the processing of various applications submitted to the Planning Department; and WHEREAS, pending a comprehensive review and possible legislative action on the subject of processing fees, the City Council desires to adopt the following amendments to the Planning Agency Fee Schedule as authorized in Chapter 3.24.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. Pursuant to the provisions of California Government Code Section 66014(b) and Section 3.24.080 of the Ripon Municipal Code, the City Council of the City of Ripon does hereby resolve that from and after the date of this Resolution, the City shall continue to impose and collect fees for the processing applications for land use entitlements which reflect the estimated reasonable cost of providing such services.
2. The City Council finds that the processing fees set forth in Chapter 3.24 of the Ripon Municipal Code are inadequate, have not kept pace with inflation, and do not reflect the complexities associated with land use and environmental considerations in 2023.
Accordingly, the City Council does hereby delete any and all processing fees in Chapter 3.24, and directs City Staff to prepare a comprehensive revision of the City’s Processing Fee Schedule for the City Council’s consideration.
3. Fees for the processing of applications as set forth herein shall include estimated City staff time, reimbursement of outside planning, engineering and/or environmental professionals, and reasonable costs of preparing and revising plans and policies to make the necessary project findings and determinations.
4. Where the Director of Planning and Community Development determines that the fees set forth in the Planning Agency Fee Schedule will not adequately reimburse the City’s cost of processing one or more land use entitlements, Applicants for development projects may be required to enter into one or more reimbursement agreements with the City of Ripon and to make necessary payments pursuant thereto, in order to carry out the provisions of this Resolution.
BE IT FURTHER RESOLVED by the City Council of the City of Ripon that:
1. The following Planning Agency Fee Schedule, attached as Exhibit “A” is hereby approved by the City Council of the City of Ripon
2. All applicable fees shall be deposited with the City of Ripon when a request is made for any Planning Commission and/or City Council action for which the hereinabove Planning Agency Fee Schedule is herein fixed and approved by the City Council.
Any such fees as set forth herein shall be adjusted annually based upon the Consumer Price Index using the Bay Area Region Price Index, unless other action is taken by the City Council of the City of Ripon in determining the amount of any of the Planning Agency fees fixed herein.
3. Resolution No. 22-7 passed and adopted by the City Council of the City of Ripon on January 11, 2022, and any other Planning Agency Fee Schedule fees in conflict herewith are hereby expressly repealed.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ripon this 13th day of June, 2023, by the following vote:
RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS]
MOVER: Daniel de Graaf, Council Member
SECONDER:Leo Zuber, Vice Mayor
AYES: Michael Restuccia, Leo Zuber, Daniel de Graaf, Gary Barton ABSENT: Dean Uecker
THE CITY OF RIPON,
A Municipal Corporation
By ________________________________
MICHAEL RESTUCCIA, Mayor
ATTEST:
By: ___________________________
LISA ROOS, City Clerk