HomeMy WebLinkAbout09_034 CC Resolution
RESOLUTION NO. 09-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AUTHORIZING THE RETENTION OF
ADMINISTRATIVE FEES FROM STATE MANDATED
BUILDING PERMIT FEE REQUIRED BY SENATE BILL
1473
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find,
determine and declare that:
A. Senate Bill 1473, signed into law by the Governor of California on
September 30, 2008, amends Section 18931.6 of the California Health and Safety
Code.
B. Effective January 1, 2009, Senate Bill 1473 requires cities,
counties, and cities and counties to collect a new permit fee from building permit
applicants assessed at a rate of four dollars ($4) per one hundred thousand dollars
' ($100,000) in construction valuation, with appropriate fractions thereof, but not less than
one dollar ($1).
C. Senate Bill 1473 requires cities, counties, and cities and counties,
to submit collected fees to the California Building Standards Commission ("CBSC") for
deposit in the Building Standards Administration Special Revolving Fund to be used by
the State to develop green building standards.
D. Senate Bill 1473 authorizes cities, counties, and cities and counties
to retain not more than ten percent (10%) of the collected fees for related administrative
costs and for code enforcement education, including, but not limited to, certifications in
the voluntary construction inspector certification program.
E. The City Council finds that the new permit fee is a State mandated
fee and is not a local exaction, thus the City is not required to conduct a fee study or a
public hearing pursuant to the Mitigation Fee Act (Cal. Gov. Code, § 66000 et seq.) prior
to collecting the fee.
Section 2: Pursuant to the provisions of Senate Bill 1473 and Section 18931.6
of the California Health and Safety Code, the City of Temecula shalt collect a fee from
building permit applicants assessed at a rate of four dollars ($4) per one hundred
thousand dollars ($100,000) in construction valuation, with appropriate fractions thereof,
as follows: $1 fee per $1 to $25,000 in valuation; $2 fee per $25,001 to $50,000 in
valuation; $3 fee per $50,001 to $75,000 in valuation; $4 fee per $75,001 to $100,000 in
valuation; and $1 fee per every $25,000 or fraction thereof above $100,000 in valuation.
R:/Resos 2009/Resos 09-34 1
' Section 3: Pursuant to the provisions of Senate Bill 1473 and Section 18931.6
of the California Health and Safety Code, the City of Temecula shall retain ten percent
(10%) of the collected fees for related administrative costs of collecting and processing
the permit fee, and for code enforcement education, including, but not limited to,
certifications in the voluntary construction inspector program.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 14th day of April, 2009.
Maryann Edwards, Mayor
ATTEST:
Susan W J nes, MMC
City Cl
' [SEAL]
R:/Resos 2009/Resos 09-34 2
' STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 09-34 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 14th day of April, 2009, by the
following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Roberts,
Washington, Edwards
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
' Susan . Jones, MMC
City Clerk
R:/Resos 2009/Resos 09-34 3