HomeMy WebLinkAbout99-36RESOLUTION NO. 99-36
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
ESTABLISHING FEES TO PROCESS DEMOLITION PERMITS
REQUIRING DISCRETIONARY REVIEW AND APPROVAL
WHEREAS,
1. Heretofore the fee for processing a demolition permit under the Administrative
Provisions of the California Building Code, which assumes a ministerial process, had been set at
$47.00 per permit application; and
2. Ministerial review only provides for the Building Inspector to process the permit and
ensure that a safe job site is maintained during the demolition; and
3. On December 2, 1998, the City Council adopted amendments to §3016 of the City's
Building Regulations (demolition permits) as they pertain to the demolition of structures possibly
possessing historical, architectural, or cultural significance; and
4. The demolition permit processing provisions associated with these amendments
have been deemed to be discretionary in nature, therefore subject to the requirements of the
California Environmental Quality Act (CEQA), and subject to local public hearing noticing
requirements; and
5. Processing discretionary projects which involve CEQA and involve public hearing
notices routinely results in costs to the local agency in terms of CEQA documentation and
processing, and in terms of hearing advertisements in the local newspaper; and
6. According to the new demolition permit provisions contained in §3016 there appear
to be two likely scenarios associated with the discretionary demolition permit process, as follows:
a. The structure to be demolished is clearly not historically, architecturally, or
culturally significant, therefore can be exempted from CEQA (pursuant to Categorical Exemption
15301 (L.1-4), and will only require one public hearing notice advertised in the local newspaper
before a Council hearing is convened to approve the demolition permit; or
b. The structure is possibly or clearly historically, architecturally, or culturally
significant (pursuant to the criteria established in the amended §3016), and an Initial Study
resulting in a Negative Declaration or an Environmental Impact Report (EIR) will be necessary,
thereby requiring the need for one additional notice in the newspaper; and
7. The basic costs to the City to process a CEQA-exempt demolition permit requiring a
single discretionary hearing typically averages about $95.00, whereby the California Building Code
fee is $47.00; the public hearing notice filed in the local newspaper averages $23.00; and the
County Clerk filing fee for a CEQA exemption is $25.00; and
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8. The basic costs to the City associated with processing a demolition permit project
requiring a Negative Declaration or an EIR are the same as cited in #7 above, plus one additional
notice in the newspaper advertising the availability of the environmental document, or a total of
$118.00; and
9. Chapter 1, Article 4, Section 3050 of the Ukiah Municipal Code allows for "the City
Council may, from time to time by resolution, establish fees to be charged and collected for
permits issued and services rendered" relative to the building regulations, wherein the recently
adopted demolition permit procedures are codified.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following fee
amount to be collected for demolition permit applications subject to the processing criteria
established in Ukiah Municipal Code {}3016:
1. The fee to be charged to an applicant of a discretionary demolition permit found to
be categorically exempt from the provisions of the California Environmental Quality act (CEQA)
shall be $95.00, whereby the City of Ukiah collects $70.00, and the County Clerk of Mendocino
County collects $25.00 for CEQA document posting; and
2. The fee to be charged to an applicant of a discretionary demolition permit found not
to be exempt from CEQA, therefore subject to providing notice in the local newspaper of the
availability of the project's Negative Declaration or its Environmental Impact Report shall be
$118.00, whereby the City of Ukiah collects $93.00, and the County Clerk of Mendocino County
collects $25.00 for CEQA document posting; and
3. The fees cited in numbers 1 and 2 directly above pertain only to direct costs incurred
for demolition permit processing, and do not reflect any potential variable costs which may be
required to satisfy the provisions of the California Environmental Quality Act (CEQA), such as the
preparation of an Environmental Impact Report (EIR), or prepatory technical studies leading to a
CEQA processing determination; and
4. The fees shall become effective immediately upon adoption of this Resolution.
PASSED AND ADOPTED on April 7, 1999, by the following roll call vote:
AYES: Councilmembers Libby, Baldwin, Ashiku, Kelly, and Mayor Mastin
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
Marie UIvila, City Clerk
_~y~ ~,
as~n, Mayor
Resolution No. 99-36
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