Resolution No. 6002337
RESOLUTION NO. 6002
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CYPRESS,
ESTABLISHING WATER QUALITY
MANAGEMENT PLAN CHECK FEES FOR
NEW DEVELOPMENT /SIGNIFICANT REDEVELOPMENT
WHEREAS, the 1987 amendments to the Clean Water Act (CWA) added
Section 402(p) establishing a framework for regulating municipal and industrial
(including construction) storm water discharges under the National Pollutant
Discharge Elimination System (NPDES), Section 402(p) of the CWA requires
NPDES permits for storm water discharges from municipal separate storm sewer
systems (MS4) as well as other designated storm water discharges that are
considered significant contributors of pollutants to waters of the United States.
On November 16, 1990, the United States Environmental Protection Agency
(hereinafter EPA) amended its NPDES permit regulations (40 CFR Parts 122,
123 and 124) to describe permit application requirements for storm water
discharges; and
WHEREAS, on January 18, 2002, (Order No. R8 -2002 -0010, third term
permit) outlines additional steps for an effective storm water management
program and specifies requirements to protect the beneficial uses of all receiving
waters. This order requires the permittees to examine sources of pollutants in
storm water runoff from activities which the permittees conduct, approve,
regulate and /or authorize by issuing a license or permit. Order No. 96 -31
(second term permit) required continued implementation of the DAMP and the
monitoring plan, and required the permittees to focus on those areas that
threaten beneficial uses; and
WHEREAS, the City of Cypress Local Implementation Plan (LIP) and the
County of Orange Drainage Area Management Plan require local agencies
prepare various documentation to satisfy the intent of the third term permit
including the preparation of water quality management plans to minimize runoff
from impervious surface areas through the application of various structural and
non - structural best management practices; and
WHEREAS, Section 13 -23 (8)(b) of the Cypress Municipal Code provides
for a cost recovery mechanism and says:
"8(b) Cost recovery The costs and expenses of the city planning agency
incurred in the review, approval, or revision of any water quality
management plan (or in the approval or revision of any such plan) shall be
assessed to the property owner or responsible party and shall be due and
payable to the city. The city planning agency may elect to require a
deposit of estimated costs and expenses, and the actual costs and
expenses shall be deducted from the deposit, and the balance, if any,
refunded to the property owner or responsible party."; and
WHEREAS, the City of Cypress has prepared an analysis which
demonstrates the amount of cost required to provide the services for which the
Water Quality Management Plan (WQMP) Plan Check Fees are imposed, as well
as the revenue sources anticipated to provide the services, including the Storm
Drain Fund; and
WHEREAS, the City is authorized to impose fees for services which do
not exceed the City's actual cost of providing these services; and
WHEREAS, pursuant to Government Code Section 66018, the specific
fees to be charged for services must be adopted by the City Council by
Resolution, after providing notice and holding a public hearing; and
338
WHEREAS, pursuant to Government Code Section 66018, the City
provided legal notice and held a public hearing on the proposed update to its
development fees on February 12, 2007, at which time the City Council invited
public input and comment on the matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS
DOES FIND, DETERMINE AND RESOLVE AS FOLLOWS:
The fees for implementation of the City of Cypress Water Quality
Management Plan (WQMP) Plan Check Program shall be, and hereby are,
established as shown on Attachment "A" to this resolution, which incorporated by
this reference as if set forth in full; and
The City Council may by resolution, from time to time, revise and adjust
the amount of said fees as shown on Attachment "A "; and
The City Council finds and determines that the fees as set forth in the
foregoing attachments do not exceed the estimated reasonable cost to the City of
providing such services; and
The fees set forth in this Resolution shall be of no force or effect sooner
than July 1, 2007 upon action on this Resolution by the Cypress City Council.
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 12th of February, 2007.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, Acting City Clerk of the City of Cypress, DO
HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular
meeting of the said City Council held on the 12th day of February, 2007, by the
following roll call vote:
AYES: 5 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Bailey, Mills, Narain, Seymore
and Luebben
None
None
WiAbt 40,01-4-nn
CITY CLERK OF THE CITY OF CYPRESS
339
Attachment "A"
CITY OF CYPRESS
DEPARTMENT OF PUBLIC WORKS
WATER QUALITY MANAGEMENT PLAN (WQMP)
PLAN CHECK FEE DEPOSITS
(Effective Date July 1, 2007)
Service
FEES
Minimum Fee (MF)/ Actual Cost
A.
Water Quality Management Plan (WQMP) Review
(Small Project)
$500 minimum fee /actual costs
B.
Water Quality Management Plan (WQMP) Review
(Large Project)
$750 minimum fee /actual costs
C.
Additional review services required beyond the
minimum fee
For contract services, use hourly rates provided in
schedule of compensation in approved contract
plus administrative overhead.
The minimum fee represents only an estimate of plan check fees for an average project of this type. The fee
must be posted for plan check to start. If the deposit is used up before the project is completed, an additional
deposit may be required or invoiced to the applicant.