A. Application fee established. An application fee is hereby established and imposed on applicants for a permit, a request for legislative change, or an appeal under this chapter, to cover the costs of all aspects of administration of the city planning agency and all other city departments relating to the processing and decision on the application. Costs include application intake, processing, review, and evaluation; hearings and appeals; meetings, consultations, and research; preparation and revisions to plans and policies that the city is required to adopt to make necessary findings and determinations; environmental reviews and studies; and other service charges, enforcement, and administrative overhead. The amount or method of calculation of the application fee (including deposits and hourly rates), and each component of the fee, shall be established by resolution of the city council.
B. Application fee options. The application fee is due and payable upon submission of the application, and shall be in the amount and subject to terms as follows:
1. Fee based on estimate of processing costs. An application fee based on an estimate of staff time and resources that will be expended on the application shall be paid upon submission of the application. If the actual cost of processing the application exceeds the initial fee paid, the planning director shall mail notice to the applicant, using the applicant's address stated in the application, specifying the amount of the additional fee and stating that the additional fee is immediately due and payable.
2. Fee based on actual processing costs. An application fee based on actual staff time and resources expended on the application shall be calculated using the applicable hourly rate and shall be billed and paid in accordance with administrative rules and regulations established by the planning director. The planning director may require a deposit upon submission of the application. Monthly invoices shall be mailed to the applicant, using the applicant's address stated in the application, specifying the amount of fees owing and stating that the fee is immediately due and payable.
3. Selection of application fee option. The planning director shall determine whether the fee for an application shall be based on an estimate of, or the actual, processing costs, taking into account the project type and complexity.
4. Suspension of application processing due to failure to pay fees. The planning director shall suspend the processing of an application if the applicant has not paid any portion of an application fee in full prior to noon of the next hearing date scheduled for the application. The application shall be reactivated following full payment of fees, unless the application has been denied or withdrawn under section 17.800.030 or section 17.800.040.
C. Fee waiver or reduction. The planning director, in the director's sole discretion, may waive or reduce an application fee for the following project types:
1. Residential developments assisted by the federal or state governments or by a local public entity, as defined in section 50079 of the Health and Safety Code, or other residential developments intended for occupancy by persons and families of low and moderate income, as defined in section 50093 of the Health and Safety Code, or persons and families of middle income, as defined in section 65008(C) of the Government Code;
2. A project that proposes unique or innovative design features likely to be incorporated in future projects and for which staff time spent evaluating the application will benefit staff processing of such future projects.
D. Refund of application fee. If an application is voluntarily or involuntarily withdrawn prior to a decision on the application, the applicant is entitled to a refund, without interest, of those portions of the application fee paid to the city for performance of services or payment of costs associated with the application that have not yet been performed or incurred. The applicant shall submit an application for the refund within 30 days of withdrawal of the application. Failure to submit a timely application for a refund shall be an absolute waiver of any right to the refund.
E. Appeal. The amount or propriety of an application fee may be appealed only under chapter 1.24. (Ord. 2013-0020 § 1; Ord. 2013-0007 § 1)