Town of Yountville
Resolution Number 25-4388
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE ADOPTING
FEES FOR PROCESSING AND ISSUING TEMPORARY USE PERMITS AND WASHINGTON
STREET ACTIVATION PERMITS AND AUTHORIZING TOWN STAFF TO UPDATE THE MASTER FEE SCHEDULE FOR FISCAL YEAR 2025/2026 TO INCLUDE SUCH FEES.
Recitals
A. Article XI, section 7 of the California Constitution authorizes the Town to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.
B. Article XIII C, section 1, subdivision (e) of the California Constitution provides that a “tax” does not include: (1) a charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege, (2) a charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product, (3) a charge imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, and the administrative enforcement and adjudication thereof, (4) a charge imposed for entrance to or use of local government property, or the purchase, rental, or lease of local government property, and (5) a charge imposed as a condition of property development.
C. The Town Council desires to establish new fees as described in the document attached as Exhibit “A” hereto including, but not limited to, those types of charges described in Recital “B” above that do not constitute a tax.
D. Article XIII C, section 1, subdivision (e) of the California Constitution and Government Code section 66014 provide that fees, including, but not limited to, fees for filing and processing applications, may not exceed the estimated reasonable cost of providing the service for which the fee is charged.
E. Government Code section 66016 et seq. requires the Town Council to hold a noticed public hearing prior to adopting a new fee or service charge.
F. On August 19, 2025, the Yountville Town Council conducted a duly noticed public hearing regarding the addition of new fees and charges to the Town’s Master Fee Schedule in order to receive comments and testimony from the public.
G. The Yountville Town Council reviewed and considered the staff report in addition to considering the comments, statements, and other evidence presented by all persons who submitted materials and/or appeared at the public hearing conducted on August 19, 2025.
Now therefore, the Town Council of the Town of Yountville does resolve as follows:
1. The Recitals above are true and correct and incorporated herein by reference.
2. The fees set forth in Exhibit “A” attached hereto are hereby adopted and shall be effective no earlier than 60 days following adoption in accordance with Government Code section 66019(b).
3. As demonstrated by the report prepared by Town Staff, the Town Council finds and determines that the amounts of the fees: (1) do not exceed the estimated reasonable costs of processing applications for and/or issuing Temporary Use Permits and Washington Street Activation Permits, and (2) do not recover more than the regulatory costs incurred by the Town for processing applications for and/or issuing Temporary Use Permits and Washington Street Activation Permits,.
4. Town Staff are hereby authorized and directed to include the fees set forth in Exhibit “A” attached hereto to the Town’s Master Fee Schedule. In the event that actual costs of processing an application for and/or issuing a temporary use permit or Washington Street Activation permit exceed or are expected to exceed the amount of the fees set forth in Exhibit “A”, Town staff are hereby authorized and directed to require a reimbursement agreement to recover actual costs, with a deposit therefor.
5. The Administrative Services Director is authorized and directed to adjust the fees and service charges set forth in Exhibit “A” attached hereto not later than July 1 of each year based on the change, if any, in the Consumer Price Index (CPI) for All Urban Consumers for the San Francisco-Oakland-San Jose Area published by the United States Department of Labor, Bureau of Labor Statistics for February of that year. Town Staff are thereafter authorized and directed to include such adjusted fees and service charges in the Town’s Master Fee Schedule.
6. The adoption of this Resolution and the fees set forth in Exhibit “A” is not a project subject to environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15378(b)(4) (government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment), 15273 (establishing charges for the purpose of meeting operating expenses), and 15061(b)(3) (common sense exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment).
7. The Resolution is hereby adopted and becomes effective and in full force immediately upon adoption.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Yountville, State of California, held on this 19th day of August 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Marjorie Mohler, Mayor
ATTEST:
Hilary Gaede, Communications Director/Town Clerk
EXHIBIT A
New Master Fee Schedule Fees
1. Temporary Use Permit Application Fee $512.80*
2. Washington Street Activation Permit Fee $621.61*
*In recognition that projects vary in size and complexity, staff reserves the right to require a reimbursement agreement, with a deposit therefor, to recover the actual costs of staff time exceeding that covered by the base fee.