HomeMy WebLinkAbout2010-004 - Add a Property to the City's Register of Historic Placesbk:10/27/09
RESOLUTION NO. 2010-004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ESTABLISHING AN APPLICATION FEE FOR
PROCESSING OF APPLICATIONS SEEKING TO ADD A
PROPERTY TO THE CITY'S REGISTER OF HISTORIC
PLACES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1: The City Council hereby, finds, determines and declares as follows:
A. The FY 2009-10 Miscellaneous Fee Schedule was established by the City
Council by Resolution No. 2009-030. The Planning and Building Agency has continued
to analyze the cost to administer certain programs, such as the placement of a property
on the City of Santa Ana Historic Register, for which the City charges no application
processing fee.
B. A true and correct copy of the full study which substantiates this proposed
fee, and the appeal fee already existing in the Miscellaneous Fee Schedule for all
appeals, has been placed on file with the Clerk of the Council for the statutory period
required by Government Code § 66000, et seq. The study methodology analyzes the
average volume of applications during a year. A separate evaluation analyzed the time
and motion of processing the various project types. The third and final analysis
calculated the average overhead and indirect expenses required to provide these city
services.
C. Section 200 of the City's Charter; state law, including but not limited to
Article XI, section 5 of the Constitution and Government Code §§ 65943, 66014,
subdivisions (a) & (b), and 66451.2; 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.
D. The Request for Council Action for this resolution dated November 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.
Resolution No. 2010-004
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Section 2: An application fee pursuant to Section 30-2.4 of the Santa Ana
Municipal Code of $4,754.00 shall be levied upon applicants until further resolution of
this Council. The standard Planning and Building appeal fee as set forth in Resolution
No. 2009-030, of $3,480.00(applicant) $350.00 (non-applicant), shall apply to appeals to
the City Council pursuant to said Section 30-2.4.
Section 3: 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 4: 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.
Section 5: This Resolution shall take effect immediately upon its adoption by the
City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution, except that, as required by Government Code § 66017(a), the fee
modifications set forth herein shall not take effect for sixty (60) days after adoption of
this Resolution.
ADOPTED this 1st day of February 2010.
iguel A.
Mayor
APPROVED AS TO FORM:
Joseph W Fletcher, City Attorney
% "1
. /~
~~ ~l
Assistant City Attorney
Resolution No. 2010-004
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AYES: Councilmembers: Alvarez Bustamante Martinez Sarmiento
Tinaiero Pulido (6)
NOES: Councilmembers: Benavides (1)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: None (0)
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached
Resolution No. 2010-004 to be the original resolution adopted by the City Council of the
City of Santa Ana on February 1 2010.
Date: ~~t I ~~y/O ~' G~iivu~~- r. , //vL~~,~-
Clerk of Council
City of Santa Ana
Resolution No. 2010-004
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