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D. 9
To: Board of Supervisors
From: John Kopchik, Director, Conservation & Development Department
Date: June  21, 2016
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Amendments to Land Development Fee Schedule related to wireless telecommunication facilities

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   06/21/2016
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
ABSENT:
John Gioia, District I Supervisor
Contact: Stanley Muraoka, 925-674-7781
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:     June  21, 2016
David Twa,
 
BY: , Deputy

 

RECOMMENDATION(S):

1. ACCEPT the report from the Director of Conservation and Development related to proposed changes to the Land Development Fee Schedule to:  
A. Establish a $4,000 minimum deposit, subject to staff time and materials costs, for wireless facility access permits to establish wireless telecommunication facilities in County rights of way;  





RECOMMENDATION(S): (CONT'D)
B. Establish a $1,000 minimum deposit, subject to staff time and materials costs, for minor alteration (administrative) permits for minor changes to existing wireless telecommunication facilities;  
C. Establish a $1,000 minimum deposit, subject to staff time and materials costs, for collocation (administrative) permits to collocate wireless telecommunication equipment on existing wireless telecommunication facilities;  
  
2. OPEN the public hearing, ACCEPT any written or oral public testimony related to the proposed fee changes, and CLOSE the public hearing;  
  
3. DETERMINE for purposes of compliance with the California Environmental Quality Act (CEQA), that the project is statutorily exempt pursuant to CEQA Guidelines Section 15273(a)(1) - fees established by public agencies to meet operating expenses;  
  
4. ADOPT Resolution No. 2016/331, which amends the Land Development Fee Schedule, to establish new fees for the processing and issuance of wireless telecommunication facility permits; and  
  
5. DIRECT staff to file a CEQA Notice of Exemption with the County Clerk.

FISCAL IMPACT:

  
None. There will be no impact to the General Fund. All fees discussed herein would be collected by the Department of Conservation and Development (DCD) for the purpose of offsetting costs associated with providing certain services.

BACKGROUND:

As authorized under Government Code Section 65941.5, DCD collects a fee with each permit or development application. As discussed below, the Wireless Telecommunication Facilities Ordinance (Ordinance No. 2016-11) approved on May 24, 2016 (D.4) added three new permits for wireless telecommunication facilities that necessitate the addition of three new fees to the Land Development Fee Schedule.  
  
New Wireless Facility Access Permit Fee  
  
Proposed New Fee: $4,000 minimum deposit, subject to staff time and materials costs.  
  
Prior to the Wireless Telecommunication Facilities Ordinance, a land use permit was required to establish a wireless telecommunication facility anywhere in the County. The fee for a land use permit is a $2,700 initial deposit, subject to staff time and materials costs. Subsequent to completion of the land use permit process, an encroachment permit was required to allow the facility in a County right of way. The Department of Public Works Encroachment Permit fee is a $1,300 minimum deposit for a large encroachment permit, subject to staff time and materials costs. The recent amendment to the County Ordinance Code allows for approval of wireless telecommunication facilities in County rights of way that meet certain prescribed standards under a Wireless Facility Access Permit. The approval process streamlines the pre-Ordinance process for a land use permit and a subsequent encroachment permit, by combining the two processes into one permit. This new fee will provide a deposit to address some or all of the costs of both DCD and Department of Public Works review.  
  
New Administrative Permit Fee for Minor Alterations to a Wireless Facility  
  
Proposed New Fee: $1,000 minimum deposit, subject to staff time and materials costs.  
  
Prior to the Ordinance, alteration of an existing wireless telecommunication facility required either a conditions of approval (COA) compliance check for minor alterations to the existing facility or a land use permit for substantial changes to the existing facility. The COA compliance check requires a $500 minimum deposit, subject to staff time and materials costs for minor developments. Historically, the time spent processing these minor alteration applications have substantially exceeded the $500 deposit, averaging more that $1,000. As a consequence, staff is recommending the new fee of a $1,000 minimum deposit.  
  
As described in the newly adopted Ordinance, the Minor Alteration Permit is a new process; however, based on experience processing COA compliance checks, DCD anticipates that the proposed new fee will establish a reasonable deposit amount relative to the anticipated actual cost to process this administrative permit.  
  
New Administrative Permit Fee for Collocations on a Wireless Facility  
  
Proposed New Fee: $1,000 minimum deposit, subject to staff time and materials costs.  
  
Previously, a proposal to add wireless telecommunication equipment of a service provider to an existing wireless telecommunication facility owned by another party required a land use permit and a $2,000 deposit. Pursuant to State law, the process for such collocation must be administrative if the existing facility qualifies as a collocation eligible facility. Administrative approval of a Collocation Permit is a new process as detailed in the newly adopted Ordinance; however, DCD anticipates that the actual cost to process this administrative permit will be similar to the Minor Alteration Permit, and the proposed new fee will establish a reasonable deposit amount relative to the anticipated actual costs to process this administrative permit.

CONSEQUENCE OF NEGATIVE ACTION:

The Land Development Fee Schedule would not include fees for new permit types, including the Wireless Facility Access Permit, the administrative Minor Alteration Permit, and the administrative Collocation Permit and applicants would continue to be charged fees for land use permits, encroachment permits and condition compliance, as appropriate.

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