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HomeMy WebLinkAbout1991-02-19; City Council; 11035; AUTHORIZATION OF AN ADDITIONAL DEVELOPMENT PROCESSING FEE TO ACCOMMODATE FEES REQUIRED BY THE STATE DEPARTMENT OF FISH AND GAMEAB ,q /d b3.5 TITLE: AUTHORIZATION OF AN ADDITIONAL MTG. DEPT. PLN DEVELOPMENT PROCESSING FEE TO ACCOMMODATE FEES REQUIRED BY THE STATE DEPARTMENT OF FISH & GAME *~q$/ ~ 1 DEI CI1 CI1 c9 g eic CL 2 z 0 F 0 4 6 z 3 0 0 CIT~F CARLSBAD - AGEN~BILL 71 fi RECOMMENDED ACTION: That the City Council ADOPT Resolution No. Yl0gf I- APP two additions to the City of Carlsbad Development Processin to accommodate new filing fees imposed by the Department o & Game. ITEM EXPLANATION On December 13th, 1990 the Planning Department re notification from the Department of Fish and Game of new legislation effective on January 1, 1991 (AB 3158) which re the collection of filing fees for development applications The fees are to be levied on projects which are subject California Environmental Quality Act, and, which hav potential to effect fish and wildlife. The fees are payable to the County, but because of state ma procedures, the fees must be collected by the City early processing of a development application and then transfer the County after a decision has been made on the applic Because the City is collecting and transferring the fees State via the county, the procedures of AB 1600, inc An interim fee collection process has been establisht administered by the Planning Department, however, an amendn the development processing fees is necessary to enable tl; to establish a formal fee collection process to comply wit state law. The new fees will consist of $1,275.00 for a nc declaration, and $875.00 for an environmental impact repc notice of determination filing fee. FISCAL IMPACT It will also be necessary to appropriate a sum of $97,050.1 the unappropriated reserve fund for the period of Janua through June 30th to establish an account for processing I of fees to the Department of Fish and Game upon project ap] The above new fees will provide the offsetting revenue fc appropriation. Existing City fees for environmental review will account majority of the cost of this processing. be insignificant. EXHIBITS 1. City Council Resolution No. 2. noticing do not apply. The remaining co q/# 5f Notice from the County of San Diego dated November 1 0 e 'I County of San Diego ROBERT D. ZUMWALT Couniy Clerk, Ex Officio Clerk of Superior Court County Courthouse, 220 West Broadway P.O. Box 128, Sari Dicgo, California 921 12-4104 (619) 531-3160 November 14, 1990 NOTICE ---__------ ----------- Assembly Bill No.3158 (Chapter 1706) approved by the Governor on Sept-er 30, 1990, requires the County Clerk to collect fees for filing Negative Declarations under Sections 21080 or 21152 of the Public Resources Code. This chapter requires a filing fee of $1275 ($1250 plus $25 Handling Fee). Also the s8me chapter requires a fee of $875 ($850 plus $25 Handling Fee) for filing a Notice of Determination where an Enviromntal Impact Report was prepared. These fees become effective January 1, 1991, and the purpose of this notice is to make you aware that we may refuse to file and post your notice without you tendering the above fees at that time. FEERT County D. c1 w RDZ: ap 1 > 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 91-58 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY SCHEDULE BY THE ADDITION OF FILING FEES REWIRED BY THE STATE DEPARTMENT. OF CARLSBAD, CALIFORNIA, AMENDING THE FEE WHEREAS, the City Council of the City of CarlsL the authority to establish fees to comply with the provis: state law; WHEREAS, Assembly Bill 3158, Chapter 1706, stat1 1990 requires payment of filing fees to the Department c and Game for certain development projects; WHEREAS, the City Council has reviewed the fees in Exhibit A and finds that said fees are procedurally nec to comply with the provisions of AB 3158; WHEREAS, it will be necessary for the approprial be made from the City of Carlsbad unappropriated reserve : establish a processing account for these filing fees; WHEREAS, the offsetting revenue for this approp; will be provided by the filing fees; WHEREAS, the City of Carlsbad is acting as colle this fee for the State of California, and the City of Carl not subject to the AB 1600 process for collection and tran: the fees to the State. NOW, THEREFORE, BE IT RESOLVED by the City Coul the City of Carlsbad, California, that the additions to 1 schedule shown in Exhibit A attached hereto are hereby i and shall become the official fees for the filing of NI Declarations and Environmental Impact Reports for the ( Carlsbad in order to comply with AB 3158 and th< appropriation from the unappropriated reserve fund as shc I i 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 17 X 18 19 20 21 22 23 24 25 26 27 28 e 4 Exhibit B, attached hereto and made a part hereof, is apF Any fee area not included in said list shall remain und control of previous resolutions adopted by this Council fees shall become effective on January 1, 19.91- PASSED, APPROVED, AND ADOPTED at a regular meet the City Council of the City of Carlsbad, California, on 19th day of February , 1991, by the following vc wit: AYES: Council Members Lewis, Kulchin, Larson, Nygaard a NOES: None ABSENT: None ABSTAIN : None ATTEST: KAREN &&, R. KUNDTZ, Assistant City Clerk -2- e a L i EXHIBIT I NEGATIVE DECLARATION FILING FEE------------------------- $1,275 ENVIRONMENTAL IMPACT REPORT FILING FEE------------------ $ 875 i I 0 Ir & EXHIBIT FEE PROJECTIONS FOR RECORDATION OF DOCUMENTS FOR PERIOD 1/1/91 TO 6/31/91 Negative Declarations Environmental Impact Reports (@ 12 per month) = 72 (@ 1 per month) =6 Negative Declaration Fee Environmental Assessment Fee - = $1,275.00* x 72 = $91,8OC 875.00* x 6 = $ 5.25C Appropriation Total $97,05C - *Fees include $25.00 County processing fee.