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<br />provided to spread these support costs on a pro-rata basis over the various <br />departmental functions within the scope of the study. <br /> <br />E. The analysis found that the majority of the City's development processing <br />fees do not recover the costs of providing the service. This was expected for two <br />reasons: it had been a number of years since the fees were last updated; and, the new <br />methodology for building fees is a better gauge of actual costs. As a byproduct the fee <br />study found a number of instances where the current fees collect more than the cost of <br />providing the related service. In these situations, the fees will be lowered accordingly, <br />and to the extent that building fees are being lowered, the difference will be deposited in <br />the City's general plan fund to pay for long-range planning activities, including preparing <br />and implementing the general plan and covering overhead and other administrative <br />costs of the Planning and Building Agency's long-range planning division. <br /> <br />F. Section 200 of the City's Charter; state law, including but not limited to <br />Article XI, section 5 of the Constitution and Government Code ~~ 65943, 66014, <br />subdivisions (a) & (b), and 66451.2; and various provisions of the Santa Ana Municipal <br />Code authorize the imposition of the fees and charges set forth herein. The City <br />Council further finds, determines and declares that the fees and charges set forth herein <br />do not exceed the estimated reasonable cost of providing the service for which such <br />fees and charges are charged. <br /> <br />G. The Request for Council Action for this resolution dated March 2, 2009 <br />and duly signed by the City Manager shall, by this reference, be incorporated herein, <br />and together with this resolution and accompanying ordinance, any amendments or <br />supplements, the materials and study on file with the Office of the Clerk of the Council, <br />and oral and written testimony constitute the necessary findings for this action. <br /> <br />Section 2: The modified fees and charges set forth in Exhibit 1 to this <br />Resolution, which is incorporated herein by this reference, are hereby adopted. Each <br />charge, fee or service charge set forth shall be levied until further resolution of this <br />Council. <br /> <br />Section 3: Except as set forth in section 7 of this Resolution, to the extent that <br />any fee or charge established pursuant to City Resolution No. 2008-041 is inconsistent <br />with the fees or charges established pursuant to this Resolution, then said Resolution <br />No. 2008-041 is hereby repealed. <br /> <br />Section 4: That without further action of the City Council said charges, fees <br />and service charges shall be incorporated into the City's Miscellaneous Fee Schedule. <br /> <br />Section 5: If any charge, fee, service charge, section, subsection, sentence, <br />clause, phrase or word of this Resolution is for any reason held to be invalid by a court <br />of competent jurisdiction, such decision shall not affect the validity of the remaining <br />portions of this Resolution. The City Council hereby declares that it would have passed <br /> <br />Resolution No. 2009-018 <br />Page 2 of 38 <br />