Fullerton Municipal Code Ch. 21.20 Zoning, Planning and Engineering Fees

A filing fee, in full payment for the costs and expenses of the Development Services Department, including those necessary to compile, index, post or mail notices and advertise hearings, shall be paid to and collected by the Development Services Director, and he or she shall give his or her receipt therefor, before the filing of any original or amended application, request or notice, except that there shall be no fee to refile within 60 days after denial without prejudice, or for any governmental agency or member of the Planning Commission or City Council. The City Council, by resolution, shall set the amount of such fees and may from time-to-time adjust said amounts based upon an annual study.

(Ord. 2230, passed - -1978; Ord. 2515, passed - -1984)

A fee, in full payment for all costs and expenses of the Development Services Department incurred in complying with the State Environmental Quality Act (Cal. Public Resources Code §§ 21000 et seq., CEQA), including those necessary to examine and evaluate a proposed private project in order to determine the need for an environmental impact report and prepare such a report or negative declaration, shall be paid to and collected by the Development Services Director, who shall give a receipt therefor, before such determination or report is made. The nature of the requirement of the CEQA as it applies to a private project shall be determined by the Development Services Director. Fees necessary for compliance with CEQA shall be collected no later than two days after the final filing date for the Planning Commission hearing requested. No fee shall be collected when it is determined by the Development Services Director prior to conducting an initial study that the proposed project will not have a significant effect on the environment or when the project is categorically exempt. The City Council, by resolution, shall set the amount of such fees and may from time-to-time adjust said amounts, based upon an annual study.

(Ord. 2230, passed - -1978; Ord. 2515, passed - -1984; Ord. 2740, passed - -1990)

(A) Reinspection fee. Except as set forth in division (B) below, there shall be imposed, upon each person who received a notice of violation of any provision or ordinance of this code or any state law adopted and made a part thereof, a reinspection fee, in an amount set forth from time-to-time by the City Council, which may be assessed for each inspection or reinspection conducted pursuant to this section when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in the notice of violation. The fee shall not apply to the first scheduled inspection after service of the notice of violation, whether or not the correction is made. This fee is intended to compensate for administrative costs for unnecessary inspections, and not for enforcement of the law. Any reinspection fees imposed shall be separate and apart from any fines or penalties imposed for violation of the law, or any actual costs incurred by the city for the abatement of a public nuisance.

(B) Substandard housing reinspection fee. There shall be imposed upon each person who receives a notice of violation pursuant to the Uniform Housing Code as adopted by Chapter 14.13 of this code, a reinspection fee, in an amount set forth from time-to-time by the City Council, which may be assessed for each inspection or reinspection conducted pursuant to this section, when the particular violation for which an inspection or reinspection is scheduled is not fully abated or corrected as directed by, and within the time and manner specified in, the notice of violation. This fee is intended to compensate for the extraordinary administrative costs involved in these additional housing inspections. Any fees imposed by this section shall be separate and apart from any fines or penalties imposed for violation of the law or any actual costs incurred by the city for the abatement of violations and/or demolition of said substandard housing.

(Ord. 2719, passed - -1990; Ord. 2758, passed - -1991; Ord. 2968, passed - -2000)

Fees and deposits shall be required to be paid to the City Engineer before any work shall be performed on a final map, parcel map, land division or other land improvement by use permit, building permit or other permit. The City Council, by resolution, shall set the amounts of such fees and deposits, and may from time-to-time adjust said amounts. Said fees and deposits shall be used and applied as follows.

(A) Final maps and parcel maps.

(1) Fees and deposits paid shall be used for the costs, overhead, administration and other expenses of the Public Works Department.

(2) These expenses include, but are not limited to, all those necessary to examine the tentative final maps and parcel maps, all field checks necessary to enable the City Engineer to ascertain compliance with any and all conditions imposed upon the tentative map, final map or parcel map, or issue any certificate required by the State Subdivision Map Act. The expenses also include the examination, checking, revision and approval of the final map or parcel map and all plans for the required public and private improvements and all inspection and testing of the property and improvements.

(3) Upon completion of all of the required improvements on the final map or parcel map and their final inspection and approval by the City Engineer, the Director of Administrative Services shall prepare and present to the subdivider/applicant, a statement of all costs and overhead, including a reasonable overhead charge, based upon the labor performed by members of the Public Works Department pertaining to the final map or parcel map for which a final map has been approved. The subdivider/applicant shall then pay to the Director of Administrative Services any balance due in excess of the fees deposited as specified above. Any unexpended portion of the fees deposited shall be returned to the subdivider. To assure payment to the city of any balance due, the improvement securities shall not be released until full payment is made and action may be taken thereon to collect any balance due.

(B) Projects other than final maps or parcel maps. Fees and deposits paid for projects other than final maps or parcel maps shall be accepted as full payment for all costs, overhead, administration and other expenses of the Public Works Department, including all those necessary to examine, review, check, report on and approve all plans for streets, alleys, easements, grading, drainage, sewers or other improvements and for their inspection. Said fees and deposits shall be paid to and collected by the City Engineer before the performance of any services for all such proceedings in which the installation of public or private improvements, or the compliance with any conditions, or the signature of any certificate is required of the City Engineer.

(C) Fees for lot consolidations and lot line adjustments. Prior to the preparation of or approval of a declaration of covenant for the consolidation of lots as specified in Chapter 16.04, or the adjustment of lot lines, there shall be paid to and collected by the City Engineer, and he or she shall give his or her receipt therefor, a sum which shall cover in full the expenses of the City Engineer for the preparation, checking, review and recordation of any declaration of covenant, or lot line adjustment certificate, which sum shall be paid prior to the issuance of any permit or approval of any project on the lots or parcels being consolidated or adjusted.

(D) Special projects. Due to complexity and/or size, other certain projects, as determined by the City Engineer, may be treated the same as final maps and parcel maps in regard to fees as outlined in division (A) above. These special projects may include, but not be limited to, lot line adjustments, lot consolidations, use permits, building permits or other permits.

(E) Engineering fees. Each application for a public works permit shall be accompanied by an issuance fee, no part of which shall be returned to the applicant regardless of the action taken on the application. In addition to the application fee, a permit fee shall be paid, which is to cover the city’s expenses for inspection and checking the work covered by the permit.

(F) Certificate of compliance. Any person owning real property who requests the preparation and issuance of a certificate of compliance, as described in Cal. Gov’t Code § 66499.35 (Subdivision Map Act), shall first pay a fee in an amount which shall cover the full payment of all costs incurred by the City Engineer or the Development Services Department in preparing the Certificate and recordation of the certificate. Such fee shall be paid whether or not the outcome of the investigation and subsequent certificate finds that a lot, parcel or property was divided in accordance with and complies with the provisions of the Subdivision Map Act, being Cal. Gov’t Code Title 7, Division 2 (commencing with § 66410), Titles 15 and 16 of this code, and other applicable laws.

(Ord. 2230, passed - -1978; Ord. 2723, passed - -1990)