SEC. 31.23. OTHER FEES.

(a) Where an initial evaluation or preparation of an environmental impact report and related environmental studies require the use of special expertise or technical assistance not provided by the board, commission, department or other person who is to carry out the project, such expertise or assistance shall be paid for by such board, commission, department or other person. This payment shall be made either to the Planning Department or, if the Planning Department so requests, directly to the party that will provide such expertise or technical assistance.

(b) Where outside consultants are used for such purposes, and the project is to be directly carried out by a person other than a board, commission or department of the City, such consultants shall report their findings directly to the Planning Department.

(c) Where employees of the City are used for such purposes, the costs of such employees shall be paid to the board, commission or department providing such employees.

(d) In addition to any filing fees required by statute, the County Clerk shall collect a documentary handling fee in the amount of $33 for each filing made pursuant to California Fish and Game Code Section 711.4, Subdivision (d).

(Added by Ord. 40-01, File No. 001007, App. 3/16/2001; amended by Ord. 185-06, File No. 060697, App. 7/21/2006; Ord. 155-08, File No. 080738, App. 7/30/2008; Ord. 213-10, File No. 100724, App. 8/4/2010; Ord. 155-11, File No. 110706, App. 8/1/2011, Eff. 8/31/2011)

(Former Sec. 31.23 amended by Ord. 92-77, App. 3/18/77; repealed by Ord. 40-01, File No. 001007, App. 3/16/2001)

(a) The Planning Department shall charge Community Plan Fees for environmental applications filed in adopted Plan Areas effective after July 1, 2005. The fee amounts shall be as stated in Section 4 of Ordinance No. 149-16, available in Board of Supervisors File No. 160632 and on the website of the Board of Supervisors, as stated in Section 31.22(b) of this Code, and adjusted annually in accordance with the procedure established under Section 31.22(c).

(b) The Planning Department shall recover the cost of preparing and defending programmatic EIRs, including consultant and City Attorney costs, from project sponsors that file or have filed projects in recently adopted Plan Areas (after July 1, 2005) and filed projects within 10 years of the Programmatic EIR certification. The fee shall be a proportional share of the cost of the Programmatic EIR, which is equal to the Department's average time and material costs to prepare and defend a Programmatic EIR divided by the buildable envelope times the square footage of the proposed project.

(c) Except as provided in Subsection (d) below for projects in the Transit Center District area, if at the time of Community Plan adoption, a project application undergoing review required amendments for height or bulk districts or General Plan amendments and now complies with the Community Plan Zoning, the applicant may choose to pay either the fees specified in Section 31.22 or Section 31.23.1. For projects that paid fees under Section 31.22 and opt to pay fees under Section 31.23.1, the applicant shall withdraw the application filed under Section 31.22 and file a new application. Applicants that file a new application and pay the Section 31.23.1 fees shall be entitled to a refund under Section 31.22(f).

(d) Projects in the Transit Center District area that require amendments for height or bulk district or General Plan amendments at the time of project application shall pay the fees specified in Subsection (b) above and the fees for projects determined not to qualify for a Community exemption or exclusion. For projects that paid fees under Section 31.22, the applicant shall pay the difference between Section 31.22 fees and the fees specified in this Subsection (d).

(Added by Ord. 155-08, File No. 080738, App. 7/30/2008; amended by Ord. 213-10, File No. 100724, App. 8/4/2010; Ord. 155-11, File No. 110706, App. 8/1/2011, Eff. 8/31/2011; Ord. 149-16, File No. 160632, App. 8/1/2016, Eff. 8/31/2016)