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1988-176-Repealing Resolution 1988-21 And Setting A Fee Schedule For ZoningRESOLUTION NO. 1988 -176 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS REPEALING RESOLUTION 1988 -21 AND SETTING A FEE SCHEDULE FOR ZONING, CALIFORNIA ENVIRONMENTAL QUALITY ACT AND SUBDIVISION PROCEEDINGS AND FOR VARIOUS ENGINEERING SERVICES RESOLVED, by the Town Council of the Town of Los Gatos, as follows: 1. Zoning Approvals. The following fee schedule is established for applications filed pursuant to the Zoning Ordinance. The fees are collected by the Planning Department. Any application for change of zone classification other than those types of applications described below ..................... $2,400.00 Conditional Use Permit Application (all except listed below) ..... 800.00 Conditional Use Permit Application (when consolidated with another application for new development) ................... 300.00 Modification of existing Conditional Use Permit .................. 500.00 Conditional Use Permit Application for Restaurant: See Restaurant Conditional Use Permit Checklist (Attachment "A ") TIERONE ......................... ............................... 500.00" TIERTWO ......................... ............................... 1,000.00# All Applications for restaurants which do not fit within the Tier One category, as determined by the Restaurant Conditional Use Permit Checklist (Attachment "A "). * Conditional Use Permits for restaurants shall be accompanied by a fee applicable to Tier One if the Restaurant Conditional Use Permit Checklist has all questions answered "NO ". If "YES" is answered to any question on the Checklist, the Tier Two fee will be applicable. If during the course of review of a Tier One application, it is determined by the Development Review Committee that a question on the Checklist must be answered "YES ", then the application shall not be further processed until the applicant pays the additional fees required for Tier Two processing. If the decision of the Planning Commission concerning the particular Conditional Use Permit (either Tier One or Tier Two) is not appealed to the Town Council, a $250.00 refund shall be paid to the applicant. Variance Application ............. ............................... $ 600.00 Architecture and Site Application New single family detached (HR & RC zone) .................... 1,900.00 New single family detached (any other zone) .................. 600.00 New nonresidential, expansion over 50% floor area ............ 2,000.00 New condominium or apartment .. ............................... 1, 700.00 plus $80.00 each unit Allother ..................... ............................... 500.00 Planned Development Applications . ............................... 2,800.00 plus ordinance publication costs Certificate of Use and Occupancy . ............................... 45.00 Home Occupation Application ...... ............................... 40.00 Sign Application (no fee for change of face only) ............... 50.00 Time Extensions to Approved Applications ........................ 500.00 Hazardous Materials Storage Facility Application ................ 60.00 Secondary Dwelling Unit Permit Application ....................... 500.00 Two Secondary Dwelling Units ...... ............................... 750.00 (The fee is waived for nonconforming secondary dwelling units through December 31, 1987.) 2. Staggering of Fees for Zoning Approvals. The applicant shall have the option of paying the fees for all zoning approvals by either of two ways: a. Pay the entire amount of the fee at the time of filing the application, or b. Pay 60% of the required amount at the time of filing the application, which will provide for processing of the application through the completion of consideration by the Development Review Committee. The applicant has the option of withdrawing the application at that time. The applicant must pay the additional 40% of the required amount to continue the processing of the application to the Planning Commission hearing. 3. Waiver of Fees. In exceptional circumstances regarding particular zoning applications filed pursuant to the Zoning Ordinance, where justice demands and a special privilege would not be created, the Town Council may, in its discretion, waive all or a portion of the fees theretofore prescribed. - 2 - 4. Environmental Assessment Fees. The following fee schedule is established for California Environmental Quality Act matters. The fees are collected by the Planning Department: Categorical Exemption ........... ............................... No Fee Consultant fees for preparation of initial study ............... $ 550.00 deposit Negative Declaration ............ ............................... 200.00 Environmental Impact Report ..... ............................... 2,100.00 The $550.00 is a deposit. If the actual cost of the consultant's study is less than $550.00, the difference will be refunded to the applicant. If the cost is greater than $550.00 due to special studies that may be necessary, the specific study and its cost will be determined before the study is authorized and an additional deposit will be required before the additional study is commenced. 5. Subdivision Fees. Pursuant to Section 27a -8 of the Code of the Town of Los Gatos, the following fee schedule is hereby established for processing of subdivision applications: a. The tentative parcel map and tentative map fees are collected by the Planning Department. Tentative Parcel Map filing fee (4 lots or less) and certificate of compliance requiring public hearing........ 2,400.00 Certificate of Compliance (staff approval) ................... 500.00 Tentative Parcel Map combining parcels only ................. 300.00 Tentative Map filing fee (5 lots or more) ................... 2,800.00 plus $100.00 for each lot shown upon the tentative map Tentative Map, townhouse or condominium (not conversions) ... 1,800.00 Lot Line Adjustment Application ............................. 500.00 b. The following fees are collected by the Engineering Department: Parcel Map Checking Fee ..... ............................... $ 300.00 Plus $50.00 for each lot shown on the tentative parcel map Parcel Map Checking Fee for Lot Line Adjustments ........... $ 400.00 Parcel Map Checking Fee for Lot Mergers .................... 300.00 Plus $50.00 for each lot merged Final Map: (1) Filing fee ......... ............................... 300.00 Plus $50.00 for each lot shown on the tentative map - 3 - (2) A sum equal to the amount required by law for the recordation of the map. (3) A plan checking fee in the amount of two percent of the Town Engineer's estimate of the value of the street, drainage and other public improvements proposed to be installed for the subdivision. (4) A fee to cover the costs of inspecting the installation of such improvements, shall be based upon percentages of the Town Engineer's estimate of the value of such improvements, and shall be calculated as follows: 9.5% of the first $30,000.00 of value or any fraction thereof, plus 5.0% of the next $50,000.00 of value or any fraction thereof, plus 4.0% of that value which exceeds $80,000.00. 6. Plan checking fees not related to a subdivision. Fees for the various engineering services performed by the Engineering Department in checking plans and specifications and for inspecting the installation of public street, drainage and other improvements not related to subdivisions required by the Town to be installed by private developers shall be collected by the Engineering Department and shall be as follows: a. The fees for the checking of plans and specifications shall be 2% of the Town Engineer's estimate of the value of the public improvements to be installed. b. The fees for the inspection of installation of such public improvements shall be based on percentages of the Town Engineer's estimate of the value thereof, and shall be calculated as follows: 9.5% of the first $30,000.00 of value or any faction thereof, plus 5.0% of the next $50,000.00 of value or any fraction thereof, plus 4.0% of that value which exceeds $80,000.00. 7. Encroachment Permit Fee. The application fee for an encroachment permit issued under Article III of Chapter 26 of the Los Gatos Town Code shall be 2% of the estimated cost of the work except that the minimum fee shall be $40.00. Estimates of the cost of the work shall be subject to the approval by the Town Engineer. The fees shall be collected by the Engineering Department. 8. Overweight Vehicle Permit Fee .... ............................... $ 75.00 The application fee for a permit for an overweight vehicle issued pursuant to provisions of Article II of Chapter 16 of the Los Gatos Town Code, containing sections 16 -90 through 16 -96, inclusive, shall be collected by the Engineering Department. - 4 - 9. Revocable Permit Fee ............. ............................... 300.00 The application fee for revocable permits shall be collected by the Engineering Department. 10. Abandonment of Public Right -of -Way and Easements ................ 300.00 minimum The Abandonment Process Fee shall be collected by the Engineering Department. 11. Assessment District Re- spreads ... ............................... 300.00 Plus $50.00 per lot affected by re- spread The fees shall be collected by the Engineering Department. 12. Mobilehome Park Conversion Permit ............................... 2,900.00 13. Appeals .......................... ............................... No fee There is no fee for any appeal filed pursuant to Town Ordinance. FURTHER RESOLVED: This resolution rescinds Resolution 1987-43 and all previous resolutions setting fees. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 6 day of September 1988, by the following vote: AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito, Robert L. Hamilton, Brent N. Ventura & Mayor Eric D. Carlson NOES: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None SIGNED: MAYOR OF THE TOWN OF LOS GATOS ATTEST: DEPUTY CLERK OF THE TOWN OF OS GATOS PLNOI:RESOL FEES 8/2/88 dr -5- ATTACHMENT A TOWN OF LOS GATOS RESTAURANT CONDITIONAL USE PERMIT CHECKLIST 1. For existing restaurants, are more than two additional parking spaces required? 2. For new restaurants, are more than 10 parking spaces required? 3. Will there be a change in the service of alcoholic beverages? 4. Is this a new application for serving alcoholic beverages? 5. Is additional floor area being constructed /utilized? 6. Is there a history of complaints at the restaurant within the last five years? PLNOI:RESOL FEES 30-M YES NO