Ordinance - 1881ORDINANCE NO. 1881
AN ORDINANCE OF THE CITY. COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING THE WEST
COVINA MUNICIPAL CODE, CHAPTER 26 (ZONING) TO
ALLOW FEES AND CHARGES FOR PLANNING DEPARTMENT
SERVICES TO BE ESTABLISHED BY CITY COUNCIL
. RESOLUTION. (AMENDMENT NO. 243)
WHEREAS, by direction of the City Manager, the Analyst Team
studied and analyzed city wide fees and charges; and
WHEREAS, the Planning Commission, upon giving the required
notice, did on the 15th day of May, 1991, conduct a duly advertised
public hearing as prescribed by law; and
WHEREAS, the City Council of West Covina has considered
evidence presented by the Analyst Team, Planning Department, the
Planning Commission, and other interested parties at their May 28,
1991 public hearing; and
WHEREAS, studies and investigations made by this Council and
in its behalf reveal the following facts:
1. Cities are authorized by California constitutional and
statutory law to levy fees and charges in reasonable value of
the service provided;
2. On June 26, 1978, the City Council of the City of West Covina
adopted Ordinance No. 1384 which provides that certain filing
fees shall be paid for various planning services.
3. The aforementioned filing fees have not been adjusted since
the time they were originally established in 1978.
4. The scope of planning services have increased since 1978 to
include applications for which no fee is currently being
charged.
5. The current planning fee structure does not enable the City to
recover the reasonable cost of providing services.
6. The process of establishing or changing a fee by resolution is
simpler and less costly than establishing or changing a fee by
ordinance while still providing for review by the public and
the City Council.
7. Establishing or changing a fee by resolution would relieve the
Planning Commission from fiscal responsibilities which is not
within their formal charge and direct fiscal responsibilities
more appropriately to the City Council.
8. It has been determined that this project, which relates to
non -capital fees is a statutory exemption from the
requirements of CEQA and no Environmental Impact Report or
Negative Declaration of Environmental Impact is required.
SECTION NO. 1: Based on the evidence presented and the findings
0 set forth, Chapter 26, (Zoning) of the West Covina Municipal Code
is hereby amended to read as follows:
0401-91/C:CC/em
Ordinance No. 1881
Planning Fees & Charges Amendment No. 243
May 28, 1991 - Page 2
ARTICLE VI. PROCEDURE, HEARINGS, NOTICES, FEES, AND CASES.
DIVISION 1. GENERALLY
• Sec. 26-202. Filing fees.
{�e�e� fi i • - ee shall i be paid a .,.en }ti.e f; l , g ..f
'rxtiav-rrr��rrir� --- --- r--- —r--- ----— -----� —_
miss`ellaneeus p eess --g eest, plots twee-dellars- ($20.00)per
heu€areaeh heur of staff tirae aey spent in the „Y „arat �..
erp eeessing of ap :�� eatiens fems-an:-
—rr--
�-i --rr--....� ..._ r.�.,....�......
-(-3) Reelassifieatien
(4)
-(5)---Planned residential
-(6) Develepment
t..�.....
er sene
deve
fer
..� .,..,...may..,
ehange,-
l epmeneverlayene;
r
plan
d:evelepment;
- e-{emeept
planned
these inveling
residential
ei
eemmunity
family let+-,
-(8) Slight
these
ere
single
i
medif-ieat-ien
family let) ;
adjustment;
(1 0) rRedel home marketing
(11) Appeal te- the
(emeept
p e
i'_ f
veiving
ere-si---le
planni
eity
eeune
em--a-deepen
of the
review beard.
Aninitial depes it five
hundred
fifty
de l l
ef
ars-($5
0.
0 9 ) shall
of the
€rem
the-tirae-eharged
pertien appiieeten,
funded; When the-depesit
is
whieh
will
die- required -bythe planning
exhausted,
diireeter.
additienal-depes
s shy
single family y lei
single - rami y 1-et;-er upenthe filing ea an , ; eati-R.—I a
large family day eare heme inveloing a re-s ngle - araily-z-ez
0401-91/C:CC/em
Ordinance No. 1881
Planning Fees & Charges Amendment No. 243
May 28, 1991 - Page 3
The fees
impesed
by
this
be
inereased
(e)
deereased-
-as
seetie-
shall
er
to the
.te-easre-er
annually
deerease
e€-d-u-1
Freya the
base
indem in
unt
the
equa!
then
available
Gensumer
Pr i
As
latest
byth
ee-index.
prepared
-and
-re
-leased
Angelesfbeng
Beaeh
The
last
index
blished
fer
the
June, 1978,
shall
area.
be
te-ba-theasein
t
index
fer the
-ment-h-e-f
this seeti-en.
/
,,,.,tw;
t
the-abeve,
r���'r�
i ,
of
reselut'
�ts'
standing
inerease-ef
the
-the -emsty-ee,
may by
seetien
in. the
end any
tthe-e�ity-eeuneil
-fee -impesed
finds
that the
under
this
in
effeet
-eve
bear
to the
rates
the-serviee
ewe
a reasenable-relati-ensh-ip
-subs
f
L(
eest
1969 S
of
1
n n
1384, --g,§11,4,-2
eq�en�=sea�y
6-
7 8
ear.
-
N
_
1444,
� _ _
ede
� _
1,
- - =,= : �
6-25=79-,t
950
=��o3�i�-�.e.
N
3, 2
88; Ord.
;Ord
Ne.
. e .
1779,
5-23--88•-A=d.
S
Grd
. N e .
1:7-68
_22
S6,
Ne.z84:7,
Filing Fees shall be paid as established by a resolution of
City Council.
(a) If, pursuant to section 26-270 and the guidelines and
procedures for the evaluation of environmental impact of proposed
projects, the planning director declares that a proposed action is
not categorically exempt from the provisions of the California
Environmental Quality Act of 1970, he the developer shall be
required to pay shall requirre t the required environmental
impact report filing fee as established by a resolution of the City
Council be paid at the time he aeeep _ the application to prepare
or process required environmental impact documents is accepted.
(h) The fee
deereased annuaiiy
imgesed
by this
nereased-er
as
seetien--shall
ju first
be
of y
of eaeh ealendar
yew
deerease frem the
base index
as--ameunt-equal
in the then
te- he
latest available
inerea-seer
Gensumer
wee -Index
j ether gevernment
repay
thefederal--geveent
prepared
ageney-
and released-b
fer the -Les
y
- ngelesDeng-Beaea-ea.
or
Thelastindem
deemed te- e the
-fer the
june,
published
base
-menth
index fer the
ef 1978�
purpesa ef
all be
th=aseetien.
Netwithstanding
e
the-eity
e-abeve,
ease
the fee- impe
eeuneil may
by=resslutien
ef
s
ed-under -this s
eetionzn the
0401-91/C:CC/em
Ordinance No. 1881
Planning Fees & Charges Amendment No. 243
May 28, 1991 - Page 4
the
finds
that
the
In
bear
event
ble—re-lat-ienship—te
—e-its=eunei-
the—eest
—rates—
eTfeet--
.
the
—a
f
yeas a
fiseal
1960,
of
10501.04;
se— ae—
Ord. Ne.
ewe
subsequent
year.
(Gede
S
,
• Sec. 26-212. Appeal procedure.
(a) Anyone so desiring may appeal the decision of the
planning director or the planning commission to the city council in
writing. Specific issues to be considered for appeal shall be
identified in the written request. The request shall be
accompanied by an appeal fee as established by a resolution of the
City Council (see—sect-ie and submitted to the city
clerk's office within the time periods specified below:
(1) General plan amendment: Five (5) business days after adoption
of the decision resolution by the planning commission.
(2) Zone change denials: Five (5) business days after the
planning commission files the recommendation with the city
council.
(3) Unclassified use permit, variance (except slight
modifications) or precise plan: Twenty (20) days after
adoption of the decision resolution by the planning
commission.
(4) Decisions of the planning director or the review board for
slight modifications or minor amendments to an unclassified
use permit or precise plan: Fifteen (15) days after the date
the decision is transmitted in writing to the applicant.
(b) Any city council member within the same time periods
specified in subsection (a) of this section may also, in either a
regular or special meeting, initiate such appeal. Upon being
notified of such appeal by the clerk of the city council, the
planning commission secretary shall immediately transmit to said
clerk the complete file in the case.
(c) The city council shall conduct a public hearing on the
appeal within thirty (30) days from the date of notification of the
appeal, or as otherwise specified by the city council.
(d) When considering an appeal, the city council may approve
or deny the recommendation of the planning commission, or modify
the project. (Code 1960, S 10501.13; Ord. No. 1333, S 1, 4-25-77;
Ord. No. 1809, S 1, 2-27-89)
DIVISION 5. ENVIRONMENTAL ASSESSMENT GUIDELINES AND PROCEDURES*
Sec. 26-270. To be in accordance with city standards.
Environmental assessment guidelines and procedures for the
evaluation of the environmental impact of proposed public or
private projects shall be established by a resolution of the City
Council. (Code 1960, S 10505; Ord. No. 1333, S 3, 8-25-80)
DIVISION 6. SIGN ADJUSTMENTS
it Sec. 26-284. Application.
The applicant for such adjustment shall apply therefor on
application forms furnished by the planning department, stating the
modification requested and explaining wherein the strict
application of the sign regulation code would result in the
0401-91/C:CC/em
•
Ordinance No. 1881
Planning Fees & Charges Amendment No. 243
May 28, 1991 - Page 5
unreasonable deprivation of the use or enjoyment of his property.
The applicant shall submit a fee as established by a resolution of
the City Council with said application (to cover the cost of
investigation and postage) along with the names and addresses of
all persons owning property abutting the subject property,
drawings, diagrams or photographs that fully describe and explain
the request. (Code 1960, § 10507.04; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-286. Appeal.
The decision of the board in granting or denying an adjustment
shall become final and effective twenty (20) days after the date of
mailing its findings and decision, unless within ten (10) days
after the said mailing of the findings and decision, an appeal in
writing is filed with the planning commission by either the
applicant or any other interested person, or unless within said
twenty (20) day period the planning commission or the city council
initiate such an appeal. An appeal may be taken by filing a
written notice of appeal in letter form with the city clerk
together with the appeal fee as established by a resolution of the
City Council. Beet-ren--26-292 (er thirty dell ,
whieh•everis—less -. (Code 1960, § 10507.06; Ord. No. 1333, § 11
4-25-77)
ARTICLE XII SPECIAL REGULATIONS FOR UNIQUE USES
Division 3. Model Home Marketing Complexes
Sec. 26-650. Fees.
A fee as established by a resolution of the City Council "ern
26 92 is required for the application and review of the plot plans
for a model home complex. Building permit and engineering fees
required by other provisions of this Code shall be paid. (Code
1960, § 11103.10; Ord. No. 1333, § 1, 4-25-77)
ARTICLE XIII. OVERLAY ZONES
Division 3. Planned Community and Residential Development
Sec. 26-732. Application fee.
An application for a development plan shall be accompanied by
a filing fee as established by a resolution of the City Council
(Code, 1960, § 11203.14; Ord. No.
1333, § 1,4-25-77)
SECTION NO. 2: The City Clerk shall certify to the passage of this
Ordinance and shall cause the same to be published as required by
law.
PASSED AND APPROVED this 10th day of June, 1991.
itATTEST:
r
City Clerk -Jae Berry
0401-91/C:CC/em
•
•
Ordinance No. 1881
Planning Fees.& Charges Amendment No. 243
May 28, 1991 - Page 6
I, Janet Berry, City Clerk of the City of West Covina, do hereby
certify that the foregoing Ordinance No. 1881 was regularly
introduced and placed upon its first reading at a regular meeting
of the City Council on the 28 day of May, 1991. That,
thereafter, said Ordinance was fully adopted and passed at a
regular meeting of the City Council on the 10 day of June, 1991,
by the following vote, to -wit:
AYES: Herfert, Manners, McFadden, Tarozzi, Jennings
NOES: None
ABSENT: None
City Cler Janet Berry
APPROVED AS TO FORM:
ty Attorney Elizabeth Hanna
0401-91/C:CC/em
CERTIFICATION
I, JANET BERRY, Deputy City Clerk of the City of West Covina, State
of California, do hereby certify that, a true and accurate copy of
Ordinance No. /89/ was published, pursuant to law, in the San
Gabriel Valley Tribune, a newspaper of general circulation
published and circulated in the City of West Covina.
Janet'Berry, City Clerk
City of West Covina, California
DATED:/ . 71