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RESOLUTION NO. 6492
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA ESTABLISHING FEES FOR THE
FILING AND PROCESSING OF APPLICATIONS AND RELATED
DOCUMENTS FOR DEVELOPMENT AGREEMENTS
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA
DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION I.
The fee established herein for processing development
agreement applications is necessary for the purpose of defraying the City's
expenditures and costs for this purpose, and said fee does not exceed the estimated
reasonable costs for providing the service.
SECTION 2.
The City Council hereby establishes as a fee for each
application for a development agreement the actual total costs incurred by the City,
case by case, for those matters subject to the deposit required of each applicant, as
described hereinaller. Pursuant to Section 103 of the regulations establishing
procedures and requirements for consideration of Development Agreements set
forth in City Council Resolution No. 6459, the Development Services Department
shall collect from each applicant for a development agreement a deposit in an
amount equal to the estimated costs to be incurred by the City for the negotiation,
preparation, review, processing, action upon and recordation of a development
agreement. The Development Services Department shall specify the amount of the
required deposit within ten (10) working days of the date an application for a
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development agreement is deemed complete. If deemed necessary by the
Development Services Director, the applicant upon demand of the City shall
submit to the City, and the City shall collect from the applicant, additional deposits
for costs incurred beyond the amounts earlier deposited for the purpose of
defraying all of the City's expenditures and costs for processing the development
agreement application. The development agreement application fee shall be due
and owing by the applicant to the City regardless of the final action of the City to
approve or disapprove the applicable development agreement.
SECTION 2. The City Council hereby finds that the fee specified in
this Resolution will not generate funds in excess of that estimated to fund the
services provided to each development agreement applicant by the City of Arcadia
and its employees, consultants and agents. If at the conclusion of all proceedings
pertaining to the applicable development agreement application, the City has
possession of excess funds on deposit from the applicant beyond the actual costs
and expenses incurred by the City, then the City shall promptly reimburse the
applicant such excess funds. If at the conclusion of such proceedings the City's
actual costs and expenses exceed all deposits made by an applicant, the applicant
upon demand by the City shall promptly pay the City such difference. Based on
the foregoing, the City Council hereby finds this Resolution is exempt from the
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requirements of the California Environmental Quality Act as specified In
I 5273(a)(I) of the California Administrative Code.
SECTION 3.
The City Clerk shall certify to the adoption of this
Resolution.
Passed, approved and adopted this 15th day of November ,2005.
ATTEST:
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ity Clerk of the City of Arcadia
APPROVED AS TO FORM:
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Stephen P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No. 6492 was passed and adopted by the City Council of
the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 15th day of November, 2005 and that said
Resolution was adopted by the following vote, to wit:
A YES: Council Member Chandler, Kovacic, Marshall, Segal and Wuo
NOES: None
ABSENT: None
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City Clerk of the City of Arcadia
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