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   (Amended by Ord. No. 187,237, Eff. 12/27/21.)
   A.   Fees. For the preparation and processing of required studies, analysis, reports, findings, mitigation measures, certifications, and notices under the California Environmental Quality Act (CEQA), all fees, deposits, and costs provided in Subsections 1. and 2. below, shall be paid. All monies required to be paid in this Section, shall be paid to the City Planning Department at the time the permit application is filed unless otherwise indicated in this Section. The determination of the necessary actions to comply with CEQA is at the City's discretion acting as the lead or responsible agency.
   1.   Categorical Exemptions (CEs), Negative Declarations (NDs)/Mitigated Negative Declarations (MNDs), Environmental Assessment Forms (EAFs), and Addenda:
Table 1. Fees for CEs, EAFs, NDs, and MNDs
Type of Application
Categorical Exemption (Classes 1-31, 33)
Class 32 Categorical Exemption
EAF / Initial Study leading to ND or MND or Statutory Exemptions (except Sustainable Communities Project Exemption)
MND / Expanded Initial Study, Subsequent Approval Review (CEQA Guidelines Section 15162), or Addendum to ND or MND - Expanded
Subsequent Approval Review (CEQA Guidelines Section 15162) or Addendum to ND or MND
Publication Fee for Notice of Intent to Adopt ND or MND (pass through of publishing costs)
   2.   EIRs, SCPEs, and SCEAs:
   (a)   Deposit. An initial deposit as provided in Table 2 below, is required at the time of an application for an EAF, resulting in an Environmental Impact Report (EIR), Sustainable Communities Project Exemption (SCPE), Sustainable Communities Environmental Assessment (SCEA), or any other environmental clearance available in CEQA that is not otherwise expressly listed in Subsections 1. or 2. (Other CEQA Clearance)
Table 2. Deposits and Fees for EIRs, SCEAs, SCPEs and Other CEQA Clearances
Type of Application
Type of Application
EIRs (includes Focused EIRs) - Initial Deposit
SCPE, SCEA, or Other CEQA Clearance - Initial Deposit
Subsequent Approval to EIR (CEQA Guidelines Section 15162) - Initial Deposit
EIR (including Supplemental, Subsequent, Tiered, Focused, or Addendum to EIR) Review Services (hourly)
SCPE Review Services (hourly)
SCEA Review Services (hourly)
Other CEQA Clearance Review Services (hourly)
   (b)   Full Cost Recovery. For any costs incurred by the City, other than for those CEQA clearances or notices identified in Table 1, above, the applicant is responsible for all of the City's actual costs to comply with CEQA. All other costs shall be paid at the cost invoiced by the City for the City's actual costs.
   (c)   Indemnification and Defense. Applicants are responsible for any and all costs incurred by the City in defense of any and all actions or claims arising in full or in part out of the City's processing of a project application filed under Chapter 1 or Chapter 1A and the City's actions to comply with CEQA. Applicants shall deposit $50,000 (or an amount found necessary by the City Attorney's Office to ensure the City's costs are fully covered) to the City Attorney's Office upon receipt of a tender of defense letter. The Applicant shall pay all invoices from the City Attorney's Office for its costs and ensure that the initial deposit is maintained in full at all times prior to final disposition of the case or action.
   B.   Child Care Fees. No fee shall be charged in connection with the processing of an initial study or filing of an EIR for any child care facility or nursery school which is determined to be nonprofit, including, but not limited to, parent cooperatives and facilities funded by a governmental agency or owned or operated by a philanthropic institution, church, or similar institution. A facility funded by a governmental agency shall indicate the primary current and anticipated source of funds.
   Where any uncertainty exists as to the nonprofit status of the facility, the applicant shall file a copy of the articles of incorporation or an affidavit showing, to the satisfaction of a Zoning Administrator, that the child care facility will be nonprofit.