§ 19.04.032. Fee schedule—Permit fees.

(a)

Findings and intent.

(1)

Pursuant to Article XIIIB of the California Constitution, it is the intent of the board of supervisors of the county of Marin to require the ascertainment and recovery of costs reasonably borne from fees, charges and regulatory license fees levied therefrom in providing the regulation, products or services hereinafter enumerated in this chapter.

(2)

The fee and service level cost analysis system set forth in this chapter provides a mechanism for ensuring that fees adopted by the county of Marin for services rendered do not exceed the reasonable estimated cost of providing the level of services for which the fees are charged and maintain equity in the delivery of those services.

(3)

The adoption of this chapter is exempt from the California Environmental Act (Public Resources Code Sections 21080 et seq.), because it approves and sets forth a procedure for determining fees for the purpose of meeting the operating expenses of the county.

(4)

For the fiscal years 2018-2019, the fees listed in the "Master Fee and Service Schedule", Exhibit A, reflect the reasonable increase to the cost of providing the services and service levels reflected in the schedule.

(5)

Following the 2018-2019 fiscal year, the board finds that the reasonable costs of providing the services and service levels for the fees set forth in Exhibit A, which is attached hereto and incorporated herein by reference, are the fees, services and service levels for 2018-2020 plus the annual increases in the fully burdened hourly rate that affect the cost of providing the service.

(b)

Fee and service level cost analysis system.

(1)

For the fiscal year 2018-2019, the fees listed in Exhibit A reflect the average service charge of surveyed comparable counties and local cities in fiscal year 2009-2010 for each building permit type, plus a reasonable increase to the cost of providing these services in fiscal year 2018-2019.

(2)

Each fee herein enumerated reflects a comparable cost allocated service level establishing equity between reasonable average allocated staff time and reasonable fully burdened cost with the degree of individual or private benefit gained from the service provided.

(3)

Fees and corresponding service levels are aligned to achieve one hundred percent utilization of budgeted resources and recovery of costs without exceeding the estimated average reasonable charge and service to any permit holder or class of permit holders.

(c)

Definitions.

(1)

Fully burdened hourly rate is the same as the blended division hourly rate and shall reflect the costs reasonably borne by the community development agency building and safety division in providing the listed regulations, products or services; and is derived as a quotient of total billable division hours divided into the product of the approved annual expense budget times the designated percentage of cost recovery.

(2)

Service level is the total allocation of building and safety division resources assigned to each service commensurate with the charge for that service.

(d)

Maintenance and schedule of fees and service charges.

(1)

The community development agency director shall require the deputy director of building and safety to review no less than annually the fees and service charges listed below, and prepare a proposed "master fee and service schedule" for consideration and adoption by the board of supervisors, as originally proposed or as modified in the form of a resolution, so as to maintain recovery of the designated percentage of costs reasonably borne necessary to provide the listed regulations, products, services and service levels.

(2)

The designated percentage of cost recovery for the community development agency building and safety division shall be one hundred percent.

(3)

Construction valuation for determining required taxes shall be based on construction cost. Valuation for determining assignment of fees shall be as determined by the chief building official.

(4)

Permit transfer fee shall be charged at the blended division hourly rate. When the original applicant assigns or otherwise transfers responsibility to another, an application form shall be completed by the new applicant and a permit transfer fee paid. All conditions imposed on the original applicant shall apply.

(5)

The deputy director of community development, building and safety may reduce the plan review fees specified in the master fee and service schedule by up to sixty percent when an applicant requests to have their plans reviewed by an authorized third-party plan check agency. Pre-approval of third party review is required. The applicant shall pay the third-party plan check agency charges separately.

(6)

Technology enhancement fees. Fees for technology (information access) enhancement shall be five percent of the building permit fee.

(7)

Site check. Fees for performing the site checks shall be established in the current Marin County Code for permits administered by the department of public works, to cover the cost of inspecting the site in order to establish conditions for site work and inspecting for compliance with the site requirements.

(8)

Plan check and site check for environmental health department services. Fees for performing plan checks and site checks shall be established in the current Marin County Code establishing fees for permits administered by the department of environmental health to cover the cost of checking plans and inspecting the site in order to establish conditions for site work and inspecting for compliance with the required condition.

(9)

Filing fee for appeal of building official decisions and determinations to the board of appeals shall be one hundred twenty dollars.

(10)

Fees for returned checks shall be thirty-five dollars per occurrence; ten dollars will be sent to central collections in the county; twenty-five dollars will be retained by the division to recover the costs of the related administrative efforts for processing.

(11)

The agency director shall have the ability to waive or transfer from the in-lieu housing trust fund up to one hundred percent of the building fees for projects which include below market rate housing units subject to the requirement that the project meet the eligibility standards for state or federal housing funding. The amount of fees waived or transferred to be determined based on the proportion of the project which is below market rate housing and the permanency of the housing subsidy. The agency director is also authorized to waive up to thirty-five percent of the building fees for projects undertaken by community-based non-profit agencies or organizations which provide services resulting in public benefits.

( Ord. No. 3658 , § II(exh. A), 2016; Ord. No. 3690 , § I, 2018)

Editor's note

Exhibit A is not set out herein at length, but is on file for review in the offices of the county.