The Department of Conservation and Development (DCD) provides staff support to the Airport Land Use Commission (ALUC), due to the land-use planning aspect of the role. Currently, the Public Works Department (Airports Division) reimburses DCD staff charges through its operating budget, which is sourced from the Airport Enterprise Fund.   
  
DCD is proposing a County ALUC fee schedule so that costs associated with ALUC project review and other Commission actions can be recouped from project applicants instead of the Airport Enterprise Fund. Public Utilities Code Section 21671.5 and Government Code Section 66016 authorize counties to establish and adopt planning fees for projects under the purview of Airport Land Use Commissions, and authorize those fees to be charged to project applicants.  
  
At the August 24, 2016 ALUC meeting, the Commission recommended the establishment of an ALUC fee schedule (Exhibit A), consistent with the following fees:  
  
Initial Review by ALUC Staff - $500 deposit, plus time and materials  
  
Review by the ALUC - $2,500 deposit, plus time and materials  
  
A project is under the purview of the ALUC if it is in the Airport Influence Area, a specific geographic area designated in the County's Airport Land Use Compatibility Plan (ALUCP). All projects that require ALUC review go through an initial review by ALUC staff to determine if the project conforms with the ALUCP. This initial review is proposed to require a $500 deposit, plus time and materials. If the project conforms to the ALUCP, no further action is required. If the project does not conform to the ALUCP, the project is referred to the ALUC for its review. Before the ALUC hearing, staff conducts additional review of the project and develops a staff report. The cost for a project referred to the ALUC for review is proposed to be an additional $2,500 deposit, plus time and materials.  
  
These fees are based on the hourly rate of staff multiplied by the average number of hours to review a project. Currently, the hourly rate of ALUC staff is $172.30. In the case of a project that is referred to the ALUC, the costs to prepare a staff report and hold an ALUC hearing are included.  
  
If the ALUC staff costs exceeds the initial deposit, additional charges based on the hourly rate of the staff time and materials will be assessed. If ALUC staff costs are less than the deposit, all unused fees are refunded back to the applicant. The "Initial Review" deposit was initially proposed by staff to be a flat fee consistent with the fee study and how other jurisdictions administer their fee. The ALUC expressed concern that the $500 flat fee could be excessive in the circumstance of a simple project. In response to this concern staff proposed to change the initial review to be a deposit, subject to refund of unused funds.  
  
DCD has determined that these fees will not exceed the estimated reasonable cost of providing the services for which the fees are charged.  
  
Exhibit B identifies the process taken by staff to calculate the appropriate fee amounts to recoup the cost of ALUC review of a project application.  
  
The ALUC Fee Schedule is effective 60 days following adoption of the fee resolution.

If the ALUC fee schedule is not adopted, ALUC activities will continue to be funded through the Airport Enterprise Fund.

Speaker: Tom Weber, resident of Pleasant Hill.

CLOSED the public hearing; and ADOPTED Resolution No. 2016/529, establishing planning fees for review of projects under the purview of the Airport Land Use Commission.