Meeting Time: December 05, 2023 at 9:00am PST

Agenda Item

4a) Noticed Public Hearing - Discussion and Possible Action Including Adoption of Resolution Amending the Exhibit X - Master Fee Schedule Effective February 3, 2024 Unless Code or Policy Require Longer, Including but not Limited to, the Countywide Internal Funds, Agriculture, Animal Care Services, Assessor-Clerk-Recorder, Cannabis Management Unit, Clerk of the Board, County Counsel, Cultural Services Agency, Executive Office, Facilities, Information Technology, Environmental Health, Mental Health, Planning & Building Services, Public Defender, Public Health, Sheriff-Coroner, Department of Transportation, and Treasurer-Tax Collector (Sponsor: Executive Office)

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    Steven Amato 7 months ago

    Honorable Supervisors,
    Please see the attached memo from MCA.
    We are available to discuss further at your convenience.
    Thank you for your consideration.
    Sincerely,

    Mendocino Cannabis Alliance
    e: info@mendocannabis.com

  • Default_avatar
    Scott WARD 7 months ago

    December 2, 2023

    Honorable Bord of Supervisors
    Mendocino County
    501 Low Gap Road Room 1010
    Ukiah, CA 95482

    RE: Board of Supervisors December 5, 2023, meeting agenda item 4a.

    Dear Honorable Board of Supervisors:
    The purpose of this letter is to respectfully request that you do not approve the fee increases as proposed by the Planning and Building Department in agenda item 4a. The proposed increases in Planning and Building fees will negatively impact the cost and feasibility of development, including the affordability of much needed housing in Mendocino County. The proposed fee increases are not based on the actual time spent on processing, issuing, and conducting inspections of the permitted work.
    Government Code Section 65583(a) requires “An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels…including…fees and other exactions required of developers, and local processing and permit procedures…”. Based on the Planning and Building memo supporting this agenda item, the required analysis and nexus study have not been done as is required by state law.
    High planning and building permit fees can impact property owners’ ability to make improvements or repairs, especially for lower-income households. Government Code Section 66020 requires that planning and building permit processing fees do not exceed the reasonable cost of providing the service or impact, unless approved by the voters; agencies collecting fees must provide project applicants with a statement of amounts and purposes of all fees at the time of fee imposition or project approval.
    During my nearly 30-year professional career working for Planning and Building Departments, I have gained an in-depth knowledge and understanding of how much staff time it takes to intake, process, review and issue planning and building permits. As a former building official, plans examiner and building inspector, I know how long it takes to conduct inspections on work authorized by building permits. For the last 9 years I have owned and operated a small consulting business whose primary focus is planning and building permit acquisition. Most of my clients are in Mendocino County. I have submitted well over 1200 planning and building permits to the Mendocino County Planning and Building Department over the last 9 years. Based on my professional experience and my current experience as a consultant, it is my professional opinion that the current fees and the proposed Planning and Building Department fee increases exceed the reasonable cost of providing service.

    In conclusion, the Planning and Building Department proposed fee increases are not based on the actual time spent on processing, issuing, and conducting inspections of the permitted work. The Planning and Building Department has not followed California Government Code Section 65583(a) in determining the proposed fee increases. The proposed fees exceed the reasonable cost of providing service. Based on the foregoing, I respectfully that you do not approve the proposed Planning and Building fee increases in Board of Supervisors December 5, 2023, meeting agenda item 4a.

    If you have any questions or require additional information do not hesitate to contact me.

    Sincerely,

    Scott Ward

    Cc: File
    Lisa Wittke-Schaffner, North Coast Builders Exchange
    Julia Krog, Director Planning and Building Services
    Mike Oliphant, Building Official