75B - ESTABLISH AND UPDATE VARIOUS DEVELOPMENT PROCESSING FEE AMOUNTS

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Office, Clerk of the Council, City Attorney's Office, and Personnel Services were provided to spread these support costs on a pro-rata basis over the various departmental functions within the scope of the study. E. The analysis found that the majority of the City's development processing fees do not recover the costs of providing the service. This was expected for two reasons: it had been a number of years since the fees were last updated; and, the new methodology for building fees is a better gauge of actual costs. As a byproduct the fee study found a number of instances where the current fees collect more than the cost of providing the related service. In these situations, the fees will be lowered accordingly, and to the extent that building fees are being lowered, the difference will be deposited in the City's general plan fund to pay for long-range planning activities, including preparing and implementing the general plan and covering overhead and other administrative costs of the Planning and Building Agency's long-range planning division. F. Section 200 of the City's Charter; state law, including but not limited to Article XI, section 5 of the Constitution and Government Code § 66014 subdivisions (a) & (b); and various provisions of the Santa Ana Municipal Code authorize the imposition of the fees and charges set forth herein. The City Council further finds, determines and declares that the fees and charges set forth herein do not exceed the estimated reasonable cost of providing the service for which such fees and charges are charged. G. The Request for Council Action for this resolution dated March 2, 2009 and duly signed by the City Manager shall, by this reference, be incorporated herein, and together with this resolution and accompanying ordinance, any amendments or supplements, the materials and study on file with the Office of the Clerk of the Council, and oral and written testimony constitute the necessary findings for this action. Section 2: The modified fees and charges set forth in Exhibit 1 to this Resolution, which is incorporated herein by this reference, are hereby adopted. Each charge, fee or service charge set forth shall be levied until further resolution of this Council. Section 3: To the extent that any fee or charge established pursuant to City Resolution No. 2008-041 is inconsistent with the fees or charges established pursuant to this Resolution, then said Resolution No. 2008-041 is hereby repealed. Section 4: That without further action of the City Council said charges, fees and service charges shall be incorporated into the City's Miscellaneous Fee Schedule. Section 5: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. 75B-44