HomeMy WebLinkAbout523ORDINANCE NO. 523
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
IRWINDALE ADDING CHAPTER 3.02 RELATING TO THE
ESTABLISHMENT OF FEES; AMENDING SECTION 16.20.20
OF CHAPTER 16 RELATING TO SUBDIVLSION MAP FEES;
ADDING SECTION 17.04.080 AND AMENDING SECTIONS
17.80.060, 17.80,110, AND 17.84.030 OF CHAPTER 17
RELATING TO ZONING FEES; AMENDING SECTION
12.04.050 AND ADDING SECTIONS 12.04.280 AND 12.08.310
OF CHAPTER 12 RELATING TO STREETS, SIDEWALKS
AND PUBLIC PLACES, AND EXCAVATIONS; AND ADDING
CHAPTER 3.02 TO THE IRWINDALE MUNICIPAL CODE.
THE CITY COUNCIL OF THE CI'T'Y OF IRWINDALE DOES ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council fords that it is necessary to establish the legal authority
to periodically change the fees to reflect the changes in costs of providing related services associated
with the fees herein described. The City Council determines that it is more practical to effect necessary
revisions in fees by adopting a city resolution in lieu of a city ordinance.
Section 2. Section 16.20.20 A of the Irwindale Municipal Code is hereby amended to read as
follows:
"16.20.20 Final Map. A. Fees shall be paid in the following amounts:
1. Fees payable to the City for a subdivision consolidating
properties into one lot subdivision, or for subdivision for the propose of reversion to
acreage, shall be established by resolution of the City Council of the City of Irwindale.
follows:
Section 3. Section 16.20.10 of the Irwindale Municipal Code is hereby amended to read as
16,20. 1 o Additional DPnosit-Established bKResolution.
A. For the purpose of defraying the expenses involved in connection with
any application (or petition) required in this title, the City Council shall establish, by
resolution, rates to be charged by the City to applicants for CEQA requirements,
special permits, subdivisions, and plot plans.
B. In addition to the required filing fee prescribed by said resolution of the
City Council, the applicant (or petitioner) shall deposit with the City Finance Director,
such sum as the Finance Director shall estimate to be sufficient to pay other necessary
costs of noticing, whether by mail, posting or publication, and costs of ordinance
publication, and other related costs.
C. When provided by resolution of the City Council, in lieu of a set filing
fee, the Finance Director may require a deposit sufficient to cover the City's actual
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costs of processing any application. The City's expenses, including the actual charges
of those engineering, planning, legal and other expenses billed to the City as well as an
allocation of internal staff expense, may be charged against the deposit. The Finance
Director shall track the funds on deposit showing all charges and accruing interest at
the rate earned by the City. The Finance Director may require additional deposits if the
funds are depleted, and will return unexpended sums at the conclusion of the project
along with an accounting thereof."
Section 4. Chapter 17.04 of the Irwindale Municipal Code is hereby amended by adding
Section 17.04.080 to read as follows:
"17.04.80 Additional Deposit — Established by Resolution.
A For the purpose of defraying the expenses involved in connection with
any application (or petition) required in this title, the City Council shall establish, by
resolution, rates to be charged by the City to applicants for zone changes, variances,
conditional use permits, CEQA requirements, plot plans and special permits.
B. In addition to the required filing fee prescribed by said resolution of the
City Council, the applicant (or petitioner) shall deposit with the City Finance Director,
such sum as the Finance Director shall estimate to be sufficient to pay other necessary
costs of noticing, whether by mail, posting or publication, and costs of ordinance
publication, and other related costs.
C. When provided by resolution of the City Council, in lieu of a set filing
fee, the Finance Director may require a deposit sufficient to cover the City's actual
costs of processing any application. The City's expenses, including the actual charges
of those engineering, planning, legal and other expenses billed to the City as well as an
allocation of internal staff expense, may be charged against the deposit. The Finance
Director shall track the funds on deposit showing all charges and accruing interest at
the rate earned by the City. The Finance Director may require additional deposits if the
funds are depleted, and will return unexpended sums at the conclusion of the project
along with an accounting thereof."
Section 5. Section 17.80.060 of the Irwindale Municipal Code is hereby amended to read as
follows:
"17.80.060 Application — Fees. Each such application, and an application for a
modification, as set forth hereinafter, shall be accompanied by a Sling and processing
fee as established by a resolution adopted by the City Council."
Section 6. Section 17.80.110 of the Irwindale Municipal Code is hereby amended to read as
follows:
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"17 80110 Appeal —procedure• The applicant, or any person who appeared at the
Commission hearing and opposed such matter, who is aggrieved by the decision of the
planning commission in conjunction with action taken on a variance or conditional use
permit, may 61e a written letter of appeal with the city clerk together with a fee
established by resohrdon of the City Council, prior to the commission's action
becoming final, appealing the decision of the planning commission to the city council.
Upon receipt of such a written letter of appeal, the city clerk shall set the matter for
hearing upon the council agenda at the next most convenient meeting of the council,
but not later than thirty days after the filing of such an appeal, unless otherwise
requested by the appealing party or otherwise set by the city council. The city council,
by motion, carried by at least three votes, at any time, prior to the effective date of the
planning commission's resolution, as set forth in Section 17.80.090, may appeal to
itself any planning commission decision on any variance or conditional use permit. A
motion of the council to this effect shall be deemed an appeal from the decision of the
commission. Notices of the hearing shall be given by the city clerk in the same manner
as notices are given for planning commission hearings, as set forth in Section
17.80.080.11
Section 7. Section 17.84.030 B. of the Irwindale Municipal Code is hereby amended to read as
follows:
"17.84.030 Application Form — F link Fce. B. The director shall accept any such
amendment for filing by the applicant only upon payment of a filing and processing fee
established by resolution of the City Council of the City of Irwindale."
follows:
Scefion, 8. Section 12.04.050 B. of the Irwindale Municipal Code is hereby amended to read as
B. An applicant for a permit to construct a driveway with surfacing other
than dirt, gravel or decomposed rock shall, in addition to the issuance fee, pay an
engineering and/or inspection fee as follows:
1. For each residential driveway, as established by resolution of
the City Council of the City of Irwindale, and
2. For each commercial driveway, as established by resolution of
the City Council of the City of Irwindale."
Section 9. Chapter 3.02 of the Irwindale Municipal Code is hereby added to read in its entirety
as follows:
THAPTER 3.02
Setting Fees and Chairs s by Resolution
3.02.010. CoMprehensive Fee Resolution. The City Council shall establish a
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comprehensive fee resolution establishing all fees and charges of the City. Any fee or
charge now set forth in the Irwindale Municipal Code may hereafter be amended by
amending the comprehensive fee resolution. The fees and charges may also be amended 10)
by ordinance, or by separate resolution, and failure to include them in the comprehensive
resolution shall not invalidate same. Fees and charges shall be adopted in accordance with
state law concerning noticing, hearings and legal authority, except as otherwise provided
by ordinance provided that such ordinance is authorized by the State Constitution and the
Charter."
Section 10. Severability. If any section, subsection, subdivision, paragraph, sentence, clause
or phrase in this Ordinance, or any part thereof, is held invalid or unconstitutional, such decision shall
not affect the validity of the remaining sections or portions of this chapter or part thereof. The City
Council hereby declares that it would have passed each section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance irrespective of the fact that any one or more sections,
subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.
Section 11. Certification. The City Clerk shall certify to the passage and adoption of this
Ordinance by the City Council of the City of Irwindale and shall cause a summary of this ordinance
to be published in accordance with Government Code Section 36933.
Section 12. Effective Date. This ordinance shall take effect thirty (30) days after its passage.
PASSED, APPROVED AND ADOPTED on the 9h day of April, 1998.
uel E. Almazan, ayor
ATTEST:
Camille Diaz, Deputy City le k
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss.
CITY OF IRWINDALE )
I, Camille Diaz, Deputy City Clerk of the City of Irwindale, do hereby certify that the
foregoing Ordinance No. 523, was duly introduced at a regular meeting of the City Council held on
the 26`h day of March 1998, and was duly approved and adopted at second reading, at its regular
meeting held April 9, 1998, by the following vote of the Council:
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AYES:
COUNCn mNI KERS:
NOES:
COUNCH MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCHAEMBERS:
e
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Miranda, Chavez, Tapia, Mayor Almazan
None
Castellanos
None ,
Camille Diaz, Deputy City
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