Ordinance No. 1103470
ORDINANCE NO. 1103
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS EXPANDING
CHAPTER 2 OF THE CODE OF THE CITY OF CYPRESS BY ADDING ARTICLE XI
"ESTABLISHING A MASTER SCHEDULE OF FEES" TO INCLUDE SECTIONS 2 -135
THROUGH 2 -137 RELATED TO FEES AND CHARGES FOR CERTAIN CITY, AND
RECREATION AND PARK DISTRICT SERVICES AND ACTIVITIES, AND TO AMEND
PORTIONS OF CHAPTERS 4, 5, 13, 15, 16, 20 AND 21 OF THE CYPRESS MUNICIPAL
CODE PERTAINING TO FEES FOR SERVICES
WHEREAS, as with all municipalities, fees are charged for various services, programs,
applications and permits. Government Code Sections 66000 through 66016 provides that
fees for services charged by the City may not exceed the estimated reasonable cost for
providing the services or the facility for which the fee is charged. Fees that are too high and
exceed the cost of service may be considered a tax and are susceptible to legal challenge;
and
WHEREAS, current fees and charges for City and Recreation and Park District
services and activities are non - centralized and are established within a variety of Ordinances
and Resolutions; and
WHEREAS, there is a need to create a Master Fee Schedule in order to provide a
centralized and unified document listing the fees and charges for a variety of services and
activities by the various departments. In doing so, it is necessary to amend or repeal earlier
established Ordinances related to specified fees.
NOW, THEREFORE, the City Council of the City of Cypress, California, does hereby
ordain as follows:
SECTION 1. Article XI, entitled "Establishing a Master Schedule of Fees" to include
Sections 2 -135 through 2 -137, is hereby added to Chapter 2 of the Cypress Municipal Code,
to read in its entirety, as follows:
"Article XI. Establishing a Master Schedule of Fees
2 -135 Purpose and intent.
The City Council is authorized, by law, to establish and change certain fees or
service charges subject to legal requirements within California State law. The
purpose and intent of this Ordinance is to establish a Master Fee Schedule in
order to provide a comprehensive and consolidated document listing fees that
are charged for a variety of services and activities by the City of Cypress, the
Cypress Redevelopment Agency and the Cypress Recreation and Park District.
In no event shall the percentage of cost recovery for any user fee or service
charge contained in the fee schedule exceed one hundred percent (100 %) of
the actual cost to provide the services for which such fee is charged.
2 -136 Establishment of a Master Fee Schedule.
The City Council may, by resolution, adopt a Master Fee Schedule containing
the fees and charges for services rendered by the various departments of the
City of Cypress, the Cypress Redevelopment Agency and the Cypress
Recreation and Park District for which payment is required to be made by the
user of such service or activity, providing that other fees not listed but now
charged pursuant to other Ordinances and Resolutions shall remain in effect
until transferred to the Master Fee Schedule.
2 -137 Amendments to Master Fee Schedule.
The Master Fee Schedule and /or the percentage of cost recovery for any user
fee or service charge, may be amended at any time by resolution of the City
Council."
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SECTION 2. Municipal Code Section 4 -7 is hereby amended to read, in its entirety, as
follows:
"The fees required to be paid pursuant to the provisions of this chapter are
prescribed by the Master Fee Schedule, which may be updated by Resolution
from time to time,
SECTION 3. Municipal Code Section 5 -6.2 (b) through Municipal Code Section 5 -6.15
is hereby amended to read, in their entirety, as follows:
"No housemover's permit required by the preceding section shall be granted by
the director of public works except as follows:
(a) The planning commission must have already issued a relocation permit for
the particular building or structure when such a permit is required by the
provisions of this article.
(b) The applicant for such permit shall pay the director of public works a
nonrefundable application fee as prescribed in the Master Fee Schedule, which
may be updated by Resolution from time to time, for each permit requested.
(c) A separate application, upon a form furnished by the director of public
works, must be filed and a separate permit obtained for the moving of each
separate building or structure or portion of a building or structure."
SECTION 4. Municipal Code Section 5 -6.8. Same -- Inspection and supervision of
movements; inspection fees are hereby amended to read, in its entirety, as follows:
"Every building or structure or section or portion thereof moved over, upon,
along or across any street shall be moved under the inspection and supervision
of the director of public works. The director of public works shall appoint an
inspector for the moving of any building or structure and of each section or
portion thereof; provided that in case two or more buildings or structures or two
or more sections or portions thereof, are being moved at the same time along a
route so situated that one person can inspect the same, only one person shall
be appointed therefore. Such inspection and supervision in each case shall be
for such time as the director of public works shall deem necessary for the
performance of such service and a charge as prescribed by the Master Fee
Schedule, which may be updated by Resolution from time to time, for each hour
per person with a minimum charge as prescribed by the Master Fee Schedule,
which may be updated by Resolution from time to time, shall be made for the
time required for such inspection and supervision."
SECTION 5. Municipal Code Section 5 -6.10. Same -- Damage to trees to be avoided;
tree trimming fees is hereby amended to read, in its entirety, as follows:
"The director of public works shall investigate the route designated in the
application for a housemover's permit to ascertain whether the moving of the
building can be made without damage to trees adjacent thereto. If the moving
would damage such trees, he shall prescribe another route which will not cause
such damage. If the moving of the building requires any tree trimming, such tree
trimming shall be performed by a tree trimmer designated by the director of
public works, and shall be charged at a rate prescribed by the City Council in
the Master Fee Schedule, which may be updated by Resolution from time to
time."
SECTION 6. Municipal Code Section 5 -6.12. Same -- Deposit required is hereby
amended to read, in its entirety, as follows:
"No application for a housemover's permit shall be granted or issued until the
applicant therefore has deposited with the director of public works a reasonable
deposit to be fixed by the director of public works depending upon the distance
to be traveled in the moving of the building or structure and the probable
hazards to the public streets and alleys involved. The amount to be deposited
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by the housemover shall not be less than a reasonable amount set by City
Council in the Master Fee Schedule, which may be updated by Resolution from
time to time."
SECTION 7. Municipal Code Section 5 -6.15. Same — Buildings remaining on street
over twelve hours is hereby amended to read, in its entirety, as follows:
"Should the holder of a housemover's permit allow such building, structure, or
any portion thereof to remain on a public street or alley for a period in excess of
twelve hours without moving the same, he shall provide adequate barricades
and warning devices to the satisfaction of the director of public works, and he
shall pay to the city the amount set by City Council in the Master Fee Schedule,
which may be updated by Resolution from time to time for each twelve hours
such building, structure, or portion thereof remains on the public street or alley
within the city and is not moved. Such charges may be deducted from the
deposit required by this division."
SECTION 8. Municipal Code Section 5 -7.1 is hereby amended to read, in its entirety,
as follows:
"Before any application for a relocation permit is approved, a fee as set by the
Master Fee Schedule, which may be updated by Resolution from time to time,
shall be paid by the applicant to cover the cost of the city for the investigation of
the condition of the building to be moved, and the inspection of the proposed
location. This application fee shall be in addition to any regular building permit
fee required. The building permit fee shall be the same as for a new structure of
equal footage. No permit fee shall be required for the moving of temporary
buildings or structures over the public streets or alleys if such building or
structure is to be used for a governmental purpose."
SECTION 9. Municipal Code Section 5 -7.4 (e), and Section 5 -7.5 are hereby
amended to read, in its entirety, as follows:
"An application for a permit under this section shall be made on a form
prescribed for such purposes by the city. The following information shall be filed
with the planning commission at the time the application is made:
(a) The location and address of the existing structure.
(b) The location and address of the proposed new site.
(c) The plot plan of the new site showing the proposed location of the building to
be relocated as well as an indication of all existing structures and improvements
on the lot, on the adjacent lots on all sides.
(d) Plans and specifications for the proposed improvements of the building,
including landscaping treatment.
(e) Photographs of all elevations of the structure to be moved, and photographs
of the site on which the structure is to be moved, and photographs of buildings
on adjacent properties to the proposed site.
Such application shall be filed with the community development department
accompanied by an application fee as prescribed by the Master Fee Schedule,
which may be updated by Resolution from time to time, for a main building or
structure or any accessory building which has a gross floor area in excess of
four hundred square feet. For all applications covering only accessory buildings
which have a gross floor area less than four hundred square feet, the fee
accompanying such application shall prescribed by the Master Fee Schedule,
which may be updated by Resolution from time to time. The application fee
shall be in addition to the regular building permit fee required by the Building
Code. For the purpose of this Section, the terms "main building or structure"
and "accessory building" shall have the meaning ascribed to them by the zoning
ordinance."
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SECTION 10. Municipal Code Section 5 -7.5 is hereby amended to read, in its entirety,
as follows:
"Each applicant shall pay a sum of money as prescribed by the Master Fee
Schedule, which may be updated by Resolution from time to time, per mile for
each mile traveled by the building inspector or other city official in going to and
returning from the location of the building or structure to be relocated. A charge
as prescribed in the Master Fee Schedule, which may be updated by
Resolution from time to time, for each hour for each person, shall be paid for
the time required for each building inspection. A minimum charge set by the
Master Fee Schedule, which may be updated by Resolution from time to time,
shall be made for such building inspection of the building or structure to be
relocated."
SECTION 11. Municipal Code Section 13 -75 is hereby amended to read, in its
entirety, as follows:
"(a) The owner or operator of a noise source which violates any of the
provisions of this chapter may file an application with the community
development department for a variance from the provisions thereof wherein
said owner or operator shall set forth all actions taken to comply with said
provisions, the reasons why immediate compliance cannot be achieved, a
proposed method of achieving compliance, and a proposed time schedule for
its accomplishment. Said application shall be accompanied by a fee in the
amount prescribed by the Master Fee Schedule, which may be updated by
Resolution from time to time. A separate application shall be filed for each noise
source; provided, however, that several mobile sources under common
ownership, or several fixed sources on a single property may be combined into
one application. Upon receipt of said application and fee, the community
development department shall refer it with his recommendation thereon within
thirty (30) days to the noise variance board for action thereon in accordance
with the provisions of this chapter.
(b) An applicant for a variance shall remain subject to prosecution under the
terms of this article until a variance is granted."
SECTION 12. Municipal Code Section 15B -3 is hereby amended to read, in its
entirety, as follows:
"Upon filing for an application for a permit, the following information shall be
provided:
(a) Name(s), address(es), telephone number(s) and date of birth of applicant(s);
(b) Name and purpose of parade;
(c) Estimate number of persons and /or animals that will participate in the
parade;
(d) Date and time activity will commence and conclude;
(e) Specific place of origin or parade and route to be followed, including the
location of any planned stopping point and the final concluding location;
(f) Name(s), address(es), and telephone number(s) of parade sponsor(s) or
promoter(s);
(g) Name(s), address(es) and telephone number(s) of responsible parade
chairman.
(h) A fee as prescribed by the Master Fee Schedule, which may be updated by
Resolution from time to time, is required for and shall accompany all
applications for special permits required herein, unless waived by the city
council."
SECTION 13. Municipal Code Section 15 -59 is hereby amended to read, in its
entirety, as follows:
"A fee as prescribed by the Master Fee Schedule, which may be updated by
Resolution from time to time, is required for and shall accompany all
applications for special permits required herein, unless waived by the city
council."
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SECTION 14. Municipal Code Section 15 -82 (a) is hereby amended to read, in its
entirety, as follows:
"(a) Any person desiring to obtain a carnival or a circus permit shall make
application to the planning director on a form provided by him a minimum of
fourteen (14) days prior to the desired date of operation. Said application shall
be accompanied by a fee as prescribed by the Master Fee Schedule, which
may be updated by Resolution from time to time."
SECTION 15. Municipal Code Section 16 -119 is hereby amended to read, in its
entirety, as follows:
"(a) The director of public works or his /her designee is authorized to revoke a
resident parking permit or a guest parking permit of any person found to be in
violation of the provisions of this chapter and, upon the written notification
thereof, such person shall surrender the permit to the director or provide its
destruction or disfigurement to the director's satisfaction. Additionally, the sale
or transfer of a permit in violation of this chapter shall constitute an infraction
punishable by a fine set by the Master Fee Schedule, which may be updated by
Resolution from time to time."
SECTION 16. Municipal Code Section 16 -121 (a) is hereby amended to read, in its
entirety, as follows:
"The cost for the issuance of resident and guest parking permits shall be
prescribed by the Master Fee Schedule, which may be updated by Resolution
from time to time, or as the same may be established from time to time by
resolution of the city council. The director of public works or his /her designee
shall not issue a replacement permit unless the director has received
satisfactory evidence that the permit being replaced has been lost or mutilated.
The replacement fee for a residential or guest parking permit shall be
prescribed by the City Council in the Master Fee Schedule, which may be
updated by Resolution from time to time,"
SECTION 17. Municipal Code Section 20 -13 (e) (1 -3) is hereby amended to read, in
its entirety, as follows:
"(e) As prescribed by the Master Fee Schedule, which may be updated by
Resolution from time to time, business alarm users and subscribers shall pay a
fee prior to issuance of an alarm permit.
(1) Business alarm users and subscribers shall pay a renewal fee as prescribed
in the Master Fee Schedule, which may be updated by Resolution from time to
time, annually thereafter the initial permit fee. (2) Residential alarm users and
subscribers: No fee. (3) Not withstanding these provisions, any person who
maintains an unregistered alarm system, business or residential, after receiving
a notice to register, and fails to register the alarm system within fifteen (15)
days thereafter, shall be subject to pay a fine as prescribed in the Master Fee
Schedule, which may be updated by Resolution from time to time."
SECTION 18. Municipal Code Section 21 -4 is hereby amended to read, in its entirety,
as follows:
"Every person conducting or operating any patrol service or patrol system, or
patrolling any district in the city, shall pay a permit fee to the city as prescribed
by the Master Fee Schedule, which may be updated by Resolution from time to
time, payable in advance."
SECTION 19. Severability. If any section, subsection, sentence, clause, or phrase of
this ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of any competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council hereby declares that it would have passed this
ordinance, and each and every section, subsection, sentence, clause and phrase thereof not
declared invalid of unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
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FIRST READING at a regular meeting of the City Council of said City held on the 13th
day of October, 2008 and finally adopted and order posted at a regular meeting held on the
27th day October, 2008.
ATTEST:
U' & Uaa,4 (
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA
COUNTY OF ORANGE ) SS
MAYOR OF THE IT /sF CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the
foregoing was duly adopted at a regularly scheduled meeting of said City Council held on the
27th day of October, 2008, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bailey, Luebben, Narain, and Seymore
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Mills
CITY CLERK OF THE CITY OF CYPRESS