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HomeMy WebLinkAbout05/17/2005, PH4 - CULTURAL HERITAGE COMMITTEE REVIEW FEES council 10-6-D" 5-17-05 j acEnc)a WPM 1�"u CITY OF SAN LUIS OBISPO FROM: Bill Statler, Director of Finance &Information Technolo Zp"d''_ John Mandeville, Director of Community Development SUBJECT: CULTURAL HERITAGE COMMITTEE REVIEW FEES CAO RECOMMENDATION Adopt a resolution amending the City'.s master fee schedule to establish fees for development applications and other proposals requiring review by the Cultural Heritage Committee. DISCUSSION Background. The City does not currently assess fees for Cultural Heritage Committee (CHC) review of development applications and other proposals. On November 18, 2004, the Council conceptually approved implementing cost recovery for these reviews as part of the budget- balancing "pantry" items presented at this "setting the table" budget workshop. Based on the analysis presented at that time (Attachment 1), it costs the City $68,600 annually to provide this service; and in accordance with the City's user fee cost recovery policies, it makes sense for applicants to bear these costs rather than the community at-large. Cost Recovery Summary and Proposed Fees. As outlined in Attachment 1, it costs the City an added $2,135 to process CHC reviews in conjunction with development applications; and$2,929 in other cases, such as requests to add properties to the Master or Contributing List or to remove them. The chart below summarizes the proposed cost recovery for reviews by the CHC. In accordance with the City's rate structure policy for all other planning-related fees, we are proposing that 45% of the review cost for development-related projects be recovered through an application fee of $961, with the balance recovered through an added cost Per Annual Annual 2.5% surcharge on building Application Applications cost permit and plan check fees . Related to Development $2,135 28 $59,800 (the current planning fee Other Applications * 2,929 1 3 8,800 surcharge is 37.5%). Total $68,600 *Excludes requests for addition to the Master or Contrbuting list; For CHC review requests no fees are reconmwnded in this case. unrelated to development applications, (primarily requests for removal from the Master or Contributing list), the recommended application fee is $2,929. As noted in the November 2004 report, we are not . recommending fees for requests for additions to these lists. Effective Date. Under "AB 1600," which sets the ground rules for adopting development- related fees, there must be at least sixty days between approval of a new fee and its effective Cultural Heritage Committee Review Fees Page 2 date. As part of the budget-balancing strategy approved by the Council on April 19, 2005, we plan to present other development review fee proposals for adoption by the Council on June 21, 2005. Accordingly, for ease of administration in complying with AB 1600, we recommend an effective date of September 1, 2005. CONCURRENCES We have sent.notices about the proposed fees to over 60 community groups and interested individuals based on our standard fee notification list. This list includes a diverse range of community groups such as the Chamber of Commerce, Residents for Quality Neighborhoods, ECOSLO, Sierra Club, Land Conservancy, Building Industry Association of the Central Coast, Property Owners Association, Economic Vitality Corporation and Housing Authority. As of the issue date of this report, we have not received any comments from these groups. FISCAL IMPACT Implementing the proposed fees is consistent with the City's adopted user fee cost recovery policy, and will help prevent even deeper cuts to community-wide services than will already be required in balancing the General Fund budget for 2005-07. ALTERNATIVES There are two basic options: continue with no cost recovery for this service or implement partial cost recovery. Given the Council's direction in November 2004, we do not recommend either of these options. ATTACHMENTS 1. Excerpt from November 2004 Report on "Pantry Items" 2. Resolution amending the City's master fee schedule to establish fees for development applications and other proposals requiring review by the Cultural Heritage Committee. G:Budgets/Financial Plans/2005-07 Financial Plan/Fees/CHC Review Fees/Council Agenda Report,5-17-05 Attachment I ."PANTRY'.' e FOLLOW-UP• ■ APPLICATION FEE FOR CHC REVIEW Recommendation Go Forward Now. Except for requests to add properties to the Master or Contributing list, implement an application fee for proposals requiring review by the Cultural Heritage Committee (CHC). Proposal Summary Historically, the City Council made the determination that CHC review is a public service that should encourage historical review of buildings and development projects, and therefore no fees have ever been recovered for CHC review of proposals. CHC review fees could be justified at this time based on the more recent direction to implement full cost recovery for project review by Community Development staff. There are two distinct situations where Community Development staff provides work for the Committee which could warrant cost recovery. 1. The fust, projects with development, is for applications that go before the CHC that are related to Architectural Review Commission or Planning Commission permits. These are for private development action, generally in historic districts or involving Master List or Contributing property. At the present time there is no additional fee collected for CHC review, although additional staff time is required for this review. These are the most common CHC reviews with 28 projects forwarded to the Committee in the past year. 2. The second situation, projects without development, is for applications that go before the Cultural Heritage Committee that are not related to any other required permits. This would be for private development action, not Architectural Review Commission or Planning Commission related, such as historic inquiries and requests to add or remove properties from Master or Contributing list. These are less common, with about six applications per year under the present rules. This number could decrease if people felt the fee was too high. Fiscal Impact In the past year, 28 projects with development were forwarded to the Cultural Heritage Committee for their review and recommendations. At that level, as noted on the attached Exhibit "A," full cost recovery would require a fee of $2,134 per project, which would generate about $59,700 per year. Under the present system, because building permits are anticipated for this type of review, only 45% of the fee would be collected at the time of application. The remaining 55% would be collected with building permits. Approximately six projects without development per year go before the Cultural Heritage Committee for their review and recommendations. Half of these are for adding a property to the Master or Contributing list and therefore would be exempt from fees under the recommended proposal. Full cost recovery, as noted on the attached Exhibit `B," would need to be $2,928, which would generate about $8,750 per year. The per project cost is higher for these applications than for projects with development due to the inclusion of file creation and management costs that are already covered in projects that have planning applications. To avoid discouraging requests to add properties to the Master or Contributing list, we do not recommend a fee for this service. �- 3 Attachment T • • APPLICATION FEE FOR CHC REVIEW Implementation What who When-, L. Review proposal with the Cultural Heritage Committee and CDD 1/OS stakeholders 2. Hold public hearing & obtain Council approval to revise fee CDD 3/05 schedule 3. Implement fee schedule CDD 5/05 Alternatives 1. Continue the current policy of not charging fees for CHC review. This would be inconsistent with the recent Council policy change of trying to achieve full cost recovery for most planning services. 2. Implement full cost recovery for all CHC reviews, including additions to the Master and Contributing properties list. This is likely to discourage many from applying for this. 3. Implement full fee recovery for projects with development only, because these referrals are part of a review involving more significant changes and the fee is a much smaller proportion of the total project costs. 4. Implement partial fee recovery for one or both types of projects. Attachment -�- 8 O p v1 O O p h h h p h pp O Ut p p p p pp p pp pp O p p p p p p p 1° pp � r` h O N h h O N O OO N O8 S N O h r O O O O 8 0 8 0 0 h S S S S O O O h V ry a <+ COC C O O L O N OO OO m �.. - C Coco - C L O G O C G C C - G G C C C G .V w ai w c ERE O v h - E' N N I C! N V Vi �i C I I p c•� O O O.ti � ' C'C f9 M C Z. q u Q 0 CC Y1 N vl V'1 N VI V1 N N,r 8. y h h h h OI P P, a, N. CC d f9 Vf' C p Q sa c O > d N N Q b G p I O Ni Q Q �I y h C rn CE U. U;C:U .E. mV' G .'g v G u c c u E ._ 5 E t Z -E .2 u o6 '3 i - > Nwo G v r c g "u o N C •'u o n 3 .S .v - c �- c �- •� m W e g. c c o E o °. CG � aeZQO ° U r7) E 0533 rn Zzv, Q C °u 1rii4 u°. FSv' rn` in �' C .:1 O U �i � � r M_ P_ O N- N 1 N r1 V N N Attachment.L 8 0 0 0 0 0 S S O O N H r 0 O N O vOi M1 0 0 0 0O O O O O O O O S O O 8 r b e 0000000 d N o 0 n = — 0 0 0 0 0 — 0 0 0 0 0 0 d o 0 0 0 0 0 0 c o o_ g — $ N p p H H o V N h E N N N N C y H �•U O M1 Mt •C'C H y a `u' F u g N g e w C 8 C ¢a heoo O v O O N O O N M1 'e v y L H H vi vi vi vi O. V V C T N N N M1 M1 c c a y V SJ y'O V 0 _ Y O mvi Q Q u vOi 8 � O v0`i •� wy C Q gU �U '3 0 � mmy mmq . x a E = er c 3 o` F o ' 3 .c E? . C F C i s ENE:i s e 3 E 3 •� er3 E eJ T H 9 N y 6 ti 3 > > Z5c E c v ' ` `4 C p c c e �E o cc U y •u O j an d U d • O 9 y Yu• E.E J �' > ; e '+ c '.q u `o. L' .'_' e7 L u � $ •� � � v �•u � y S �`- aCi " m•y g-' T 'a o •- "• r y a 1Y e a "g u p a U N c m H c a, a u ° w o - L� y w3 `` v a Y o 5� • �v .°. _ e 6 S. "' •:t {e� � 'u .. e- V C L L�V C N G Y. 'p •J O 9 n 9 CJ V E 7 0 9 � ' � `Q' O � .a u � 3•u e � c � a c o d c 3 �' '� c u a `m c u c V r7 m o u e U °C' e o F= v i v n a �' C pcp++• a E-' o u E 2 0 G � OCZQ _ � h mtn3 c yZcinQ C u � ulQ u.ez yr7� �a ::tG Urn S� =7 � Uh o v. U dddd h M Attachment 2 RESOLUTION NO. (2005 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE CITY'S MASTER FEE SCHEDULE TO ESTABLISH CULTURAL HERITAGE COMMITTEE REVIEW FEES WHEREAS, it is the policy of the City of San Luis Obispo to review service charges on an ongoing basis and to adjust them as required to ensure that they remain adequate to achieve adopted cost recovery goals;and WHEREAS, in accordance with this policy the Council adopted Resolution No. 9130 on November 21, 2000 updating the City's updated master fee schedule on a comprehensive basis; and WHEREAS, the Council considered amendments to the master fee schedule at a public hearing on May 17, 2005 based on a detailed analysis of costs and funding requirements to meet adopted cost recovery goals in providing reviews by the Cultural Heritage Committee of development applications and other proposals. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the City's master fee schedule is hereby amended as set forth in Exhibit A, effective September 1, 2005. Upon motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted on May 17, 2005. Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: onat n P. Lowell, City Attorney 1 Resolution No. (2005 Series) Attachment 2 Page 2 Exhibit A CULTURAL HERITAGE COMMITTEE REVIEW FEES Service Fee Development Review Initial Application Fee $961 Development Review Fee for Planning Services 2.5/%of the combined (To be collected at the same time as building permit fees) construction permit and plan check fee Requests for Additions to the Master or Contributing Lists No Fee All Other Proposal Reviews $2,929 (Such as requests for deletion from the Master or Contributing List) 4- g CP I -- 61�L San Luis Obispo Chamber of Commerce I 1 n 1 1039 Chorro Street-San Luis Obispo, California 93401-3278 May 17, 2005 (805) 781-2777• FAX (805) 543-1255•TDD (805) 541-8416 David E. Garth, President/CEO Mayor Dave Romero and Members of the City Council City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 RE: Item PH 4, Cultural Heritage Committee Review Fees, Council Agenda,May 17 Dear Mayor Romero and Council Members, The San Luis Obispo Chamber of Commerce understands the concept of cost recovery as a tool for balancing the city's budget but we cannot support the proposed Cultural Heritage Committee Review Fees. It is our opinion that the fees as proposed do not represent a commiserate benefit to the applicant or to the community. We would prefer to see cost saving measures instituted which would make the process more efficient. These could include completing more review at the staff level. This would save time in the preparation of reports for the CHC and would also expedite the review process. Using less staff and volunteer time seems a reasonable way to cut costs. The Cultural Heritage Review may appear to be a benefit; however, some of our members who have gone through CHC review have indicated that the review is too far reaching and the process unecessarily cumbersome. The results may be unpredictable and often the review itself creates significantly increased costs for the applicant. We suggest that the City examine what can be done at the staff level to expedite the process before determining the value of the service for cost recovery. Sincerely, Bob Wacker Chairperson of the Board email: slochamber@slochamber.org • websites: www.slochamber.org www.visitslo.com OF From: "Devin Gallagher" <DevinZ@aihug.co.nz> To: "Astrid Gallagher" <Astrid@Digitalputty.com> Sent: Wednesday, May 11, 2005 4:07 PM Subject: CHC Review Fees ��, Re CULTURAL HERITAGE REVIEW FEES Mayor Romero and Members of the City Council I do not agree with the proposed cost recovery fees. The CHC provides a community benefit. To require funding for the review of cultural and historic resources may be counter productive. Willingness to pay the fee assumes that every potential applicant has an interest in maintaining the community's cultural and historic resources. Unfortunately this is not always the case. Many applicants believe that it's best to hide or destroy anything of significance prior to making a development application, to begin work, or should they find something significant during the course of construction. The CHC and the historic community have worked diligently to convince us that there is value and financial benefits in preservation, and that the process is pragmatic and reasonable. Over the years the general public has viewed the process of reviewing historic and cultural resources as something they are willing to go through. I, for one, believe that CHC reviews are part of the general planning process that provide greater community benefits. The entire city stands to gain by the restoration of our cultural and historic resources, or lose by their destruction. From a financial perspective the proposed fees would presumably exacerbate the cost differential between restoring, and reusing older properties versus demolishing and redeveloping in a manner that often causes further sprawl. The latter would also be counter to the City's stated goals. I do, however, strongly agree with a $2900+ fee to remove buildings from the Master list, and for demolition applications as well. These applications are often made by people trying to avoid the CHC review process. It's a waste of city resources to change the designation just because property owners want something else. In most cases the property was so designated when purchased. Many times buildings are historically significant because of their location in a district, as well as for other reasons. Better yet, make the fee $3500 with no discount in order to discourage inappropriate behavior and the waste of public resources. And this fee should be instituted as soon as possible to prevent further misuse. Some marginal fees may be necessary to eliminate superfluous applications, if there are any. I would also recommend doubling the fee for appeals to the city council of CHC decisions. Devin Gallagher May 17, 2005 Mayor Romero and Members of the City Council and Mr. Statler: I agree with Devin to charge applicants requesting removal from the Master or Contributing list the full costs to the city, as well as any other application for unnecessary CHC review. I suggest the city raise the application fees related to development, for Planning Commission and Architectural Review Commission review that include Cultural Heritage Committee input. The city currently charges $888 for ARC review for a minor development application. I suggest adding $400 to the fee schedule, but no added fees for the CHC review. The city currently charges $2282 for ARC and Planning Commission reviews on major development projects. I suggest $500 to this fee with no added costs for CHC review. I also suggest the city add $200 to the fee for appeals to the City Council of CHC recommendations. Astrid Gallagher '.� City Of San IUis omspo 990 Palm Street■San Luis Obispo,CA 93401 ■(805)781-7125 0 Fax:805.781.7401 0 Email:bstatler@slocity.org May 3, 2005 Notice Regarding Proposed CULTURAL HERITAGE REVIEW FEES The City does not currently assess fees for development applications that require review by the Cultural Heritage Committee (CHC). In November 2004, the Council conceptually approved implementing cost recovery for these reviews. Based on the analysis presented at that time, it costs the City $68,600 annually to provide this service. In Pro osedFees accordance with Council direction,we will be recommending formal approval of CHC review fees at the May 17,2005 Council meeting. Tuesday, May 17, 2005 Meeting Time: 7:00 PM Cost Recovery Summary and Proposed Fees. It costs the City an City Hall Council Chambers added $2,135 to process CHC reviews in conjunction with 990 Palm Street development applications; and $2,929 in other cases, such as _ requests to add or remove properties to the Master or Contributing list. The chart below summarizes the proposed cost recovery for reviews by the CHC. In accordance with the City's rate structure policy for all other planning-related fees, we are proposing that 45% of the review cost for development- related projects be recovered Cost Per Annual Annual through an application fee of Application Applications Cost $961, with the balance Related to Development $2,135 28 $59,800 recovered through an added 2.5% surcharge on building Other Applications * 2,929 3 8,800 permit and plan check fees (the Total $68 600_ current planning fee surcharge is *Excludes requestsfor addition to the Master or Contrbuting list; 37.5%). no fees are recommended in this case. For CHC review requests unrelated to development applications, (primarily requests for removal from the Master or Contributing list), the recommended application fee is $2,929. (We are not recommending fees for requests for addition to these lists.) For More Information. We will be happy to meet with you or your organization at your convenience to discuss this proposal with you prior to the May 17 Council meeting. Copies of the Council agenda report providing more detailed information about the proposed fees (both in hard copy and electronic form) will be available upon request from us by May 10, and will be posted on the City's web page by this date as well at www.slocity.ore/citvclerk/agendas/councit.asp. If you have any questions regarding the proposed fees, please call me at 781-7125. Sincerely, Bill Statler, Director of Finance& Information Technology ® The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities. Telecommunications Device for the Deaf(805)781-7410.