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HomeMy WebLinkAboutResolution No. 2023-C02RESOLUTION NO. 2023-0O2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING AND ADOPTING A REVISED SCHEDULE FOR CERTAIN DEVELOPMENT PROJECT FEES AND SERVICE CHARGES WHEREAS, under the police power granted by Article XI, Section 7 of the California Constitution, the City of Azusa is authorized to impose fees, charges and rates for certain municipal services; and WHEREAS, in addition to the authority granted by the California Constitution, Chapter 8 (commencing with section 66016) of Division 1 of Title 7 of the California Government Code establishes aprocedure for adopting fees or service charges for development projects; and WHEREAS, pursuant to Resolution No. 2022-0O2, adopted on January 18, 2022, the City currently imposes development related fees upon applicants to recover the costs of staff time, inspection, copying costs and other expenses related to the review and processing of applications for property development; and WHEREAS, many of the City's current fees charged for development services no longer reflect the actual cost of providing such services; and WHEREAS, Government Code sections 66016 and 66018 provide that the City may adopt new development fees or increase existing fees after providing notice and holding apublic hearing; and WHEREAS, notice of a public hearing on the establishment of new and revised fees was published in accordance with provisions of section 6062a of the California Government Code; and WHEREAS, notice of public hearing was mailed to all interested parties who filed a written request for a mailed notice with the City, or a waiver of notice was obtained; and WHEREAS, on January 17th, 2023, at the time and place specified in the published and mailed notices, the City Council held a public hearing as required by law to allow oral or written presentations prior to levying new development fees or service charges and prior to approving an increase in existing development fees or service charges; and WHEREAS, at least ten (10) days prior to the commencement of the hearing, there was made available to the public a report containing the cost, or estimated cost, of providing the service for which the fee or service charge will be levied, and the revenue sources for providing such services; and WHEREAS, based upon evidence provided, the City Council hereby determines that the development services fees set forth in the Schedule of Fees and Charges attached hereto and incorporated herein by reference will not exceed the estimated reasonable cost of providing the property development services for which the fee is charged; and WHEREAS, the proposed fees are statutorily and categorically exempt from the requirements of the California Environmental Quality Act since these fees fit within the statutory exemptions for local agency decisions involving the adoption and collection of rates, tolls and other charges, pursuant to Public Resources Code Section 21 080(b) (8) and Section 15273 of the California Environmental Quality Act Guidelines. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Azusa, California does hereby find, determine and declare as follows: SECTION 1. Adoption of Schedule of Fees. The City Council hereby approves and adopts the Schedule of Fees and Charges attached hereto as Exhibit "C" and incorporated herein by reference. The adopted fee schedule shall supersede any fees and charge schedule previously adopted. SECTION 2. Repeal of Prior Resolution. Resolution No. 2022-0O2 is hereby repealed in its entirety. SECTION 3. Findings. The City Council -finds that the fees and charges set forth in the Schedule attached as Exhibit 'A": (1) have areasonable relationship with the City's costs in providing those services; and (2) are necessary to enable the City to continue providing the services to which they relate. SECTION 4. Effective Date, This Resolution shall become effective sixty (60) days from its adoption. PASSED, APPROVED and ADOPTED this 17th day of January, 2023. Robert G nzales Mayor ATTEST: Je e w Cornejo, Jr. ity Jerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2023-0O2 was duly adopted by the City Council, at a regular meeting of said Agency held on the 171h day of January 2023, by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, ALVAREZ, AVILA, MENDEZ NOES: COUNCILMEMBERS: BECKWITH ABSTAIN: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Je re a zce Cornej .1 City Clerk APPROVED AS TO FORM: Best, B t & Krieger, P City Attorney