1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERSIDE, CALIFORNIA, AMENDING THE CITY’S MASTER FEES AND CHARGES SCHEDULE IN RESOLUTION NO. 21960, AS AMENDED, PROVIDING FOR ADJUSTMENTS TO THE MILLS ACT FEES.
WHEREAS, the City has the authority to impose fees pursuant to its authority under Article XI, §7 of the California Constitution and under its complementary powers under Section 37112 of the California Government Code and Section 200 of the Riverside City Charter; and WHEREAS, the City has established a policy of recovering the full costs reasonably borne as a result of providing special services of a voluntary and limited nature, such that general taxes are not diverted from general services of a broad nature and there by utilized to subsidize unfairly and inequitably such special services; and
WHEREAS, in Chapter 3.30 of the Riverside Municipal Code, the City Council established its policy as to the recovery of costs and more particularly the percentage of costs reasonably borne to be recovered from users of City services and directing staff as to the methodology for implementing said Chapter 3.30; and
WHEREAS, the adoption of a schedule of fees and charges to be paid by those requesting such special services and the percentage of costs reasonably borne by those persons receiving such special services are necessary so that the City might effectuate its policies; and WHEREAS, a citywide fee study (“Fee Study”) has been prepared in which a cost analysis was prepared to determine the cost to administer services and programs, including the Mills Act Program; and
WHEREAS, the City desires to provide for the reduction of Mills Act fees, which consists of the application and contract initiation fees, as well as the removal of all City surcharges and added fees; and WHEREAS, the on July 19, 2023, the Cultural Heritage Board (“CHB”) reviewed the Mills Act fees to comparable cities, using population and city expenditures per capita as a means of comparison; and
WHEREAS, the CHB acknowledged that a fee should be collected but at a lower rate; and
2 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
WHEREAS, the CHB found that the community benefits from the maintenance, preservation and restoration of historic resources through the Mills Act program because property owners with Mills Act contracts generally spend greater on the property maintenance and rehabilitation than the tax reduction received from the program; and
WHEREAS, the community benefits from increased property values when the property is maintained in good condition; and
WHEREAS, the CHB found that a reduction of fees would be justified due to the community benefit and recommended all current and future Mills Act fees be set at a cost recovery amount of 30% paid by the applicant and 70% of the cost subsidized by the City; and WHEREAS, the CHB recommended that the 14% City Surcharge from all Mills Act fees be removed; and
WHEREAS, the CHB recommended no new fees be added to the cost of the Mills Act program; and
WHEREAS, the City Council held a duly noticed public hearing on March 19, 2024, and has considered all oral and written evidence presented regarding the revision to the Master Fees and Charges Schedule; and
WHEREAS, all requirements of law regarding the notice and the provision of data are hereby found to have been met; and
WHEREAS, all the proposed fee revisions fall within the stated exceptions to the definition of “tax” established by Proposition 26, and are therefore not subject to the requirements of Article XIIIC of the California Constitution; and
WHEREAS, the City desires to amend the Master Fees and Charges Schedule, Resolution No. 21960 and its related amendments, to reflect the reduction of fees for all current and future Mills Act fees and to set a cost recovery amount of 30% paid by the applicant and 70% of the cost subsidized by the City, the removal of the 14% City surcharge from all Mills Act fees, and that no new fees be added to the cost of the Mills Act program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Riverside, California, as follows:
3 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
Section 1: The above recitals are hereby found to be true and correct and are hereby incorporated herein as if stated in full.
S ection 2 : The City Council hereby determines that the specific fees to be charged for the Mills Act Fees , which are set forth in Exhibit “A ,” attached hereto and incorporated herein by reference, are supported by the Fee Study cost analysis for the implementation of the Mills Act Program and subsidy is justified due to the community benefits the Mills Act program provides, and hereby adopts the same.
S
ection 3 : Resolution No. 21960 and all applicable amendments thereto are her eby amended to include the new fees as shown in Exhibit “A” herein.
S ection 4: This Resolution, together with any other resolution amending R esolution No. 21960 and the Master Fees and Charges Schedule (Resolution No. 21960), shall collectively be known as, and hereinafter may be interchangeably referred to as , the “Fees and Charges Resolution ,” “Schedule of Fees and Charges,” or the “Master Fees and Charges Schedule.” Section 5: All fees set by this R esolution are for the Mills Act Program; additional fees shall be required for each additional process or service that is requested or required.
S ection 6: The fees and charges revisions set forth in Exhibit “A” are authorized by California Government Code section 50281.1 and fall within the stated exceptions to the definition of “tax” established by Proposition 26, and therefore , are not subject to the requirements of Article XIIIC of the California Constitution.
S
ection 7 : The Chief Financial Officer is hereby directed and authorized to maintain a current Master Fees and Charges Schedule which will include all amendments to the Fees and Charges Resolution.
S
ection 8 : If any portion of this R esolution is for any reason declared invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this R esolution; the City Council hereby declaring that it would have adopted this R esolution and every other section, subsection, paragraph, subparagraph, item, sub-item, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, paragraph, subparagraph, item, sub-item, sentence, clause, phrase, or portion be declared
4 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
invalid or unconstitutional.
Section 9: Resolution No. 21960 and all amendments thereto are hereby amended as of the date this Resolution becomes operative and any previously established fee or charge not amended herein remain in full force and effect.
S ection 10: The provisions of this Resolution shall become effective as of January 1, 2024.
Section 11: Any and all future amendments to the Fees and Charges Resolution shall be operative on the date of adoption of such resolution(s) approving the proposed amendments, except as otherwise required by California law.
ADOPTED by the City Council this _________ day of _____________, 2024.
___________________________
PATRICIA LOCK DAWSON
Mayor of the City of Riverside
Attest:
_____________________________
DONESIA GAUSE
City Clerk of the City of Riverside
I, Donesia Gause, City Clerk of the City of Riverside, California, hereby certify that the foregoing resolution was duly and regularly adopted at a meeting of the City Council of said City at its meeting held on the _________ day of _____________, 2024, by the following vote, to wit:
Ayes:
Noes:
Absent:
Abstain:
IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this ________ day of ______________, 2024.
_________________________________
DONESIA GAUSE
City Clerk of the City of Riverside
24-0182 TAT 02/22/24
CODE FY 2023/24 FEE DESCRIPTION
PLANNING
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
Re-Inspections $ 159.00
2792 MILLS ACT PRESERVATION REVIEW
Per application $ 126.00
Per Contract / Review / Initiation Process $ 957.00 SIGNS
2772 ADMINISTRATIVE SIGN REVIEW
Per application $ 189.00
2772 ESTABLISHING SIGN CRITERIA (per application) $ 988.00 2772 NEW OR REPLACEMENT SIGNS $ 272.00
VARIANCES, MODIFICATIONS, EXCEPTIONS, AND FAIR HOUSING REQUESTS 2740 WITH SIGNATURES - RESIDENTIAL ZONES ONLY $ 1,854.00 2740 WITHOUT SIGNATURES - ALL ZONES
$ 2,780.00
ZONING PLAN CHECK WITH BUILDING PERMITS
2779 PLAN CHECK - AFTER HOURS° (per hour)
$ 210.00
2779 COMMERCIAL, INDUSTRIAL, AND MULTI-FAMILY TENANT IMPROVEMENTS, $ 323.00 MINOR ADDITIONS, OR EXTERIOR REMODEL° (per submittal)
2779 LANDSCAPE / IRRIGATION - MINOR° $ 54.00 (Not subject to WELO or WQMP requirements)
2779 NEW CONSTRUCTION° (per submittal)
Commercial, Industrial, and Multi-Family $ 578.00 Single-Family Residential $ 289.00
2779 PATIO COVERS, ETC.° $ 54.00
OTHER FEES
2708 CONDITIONAL USE PERMIT° (per application)
$ 9,261.00
EXHIBIT "A"