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by the amount of time historically spent by City staff on similar projects. Whenever seventy five percent (75%) of a deposit has been expended and the department determines that the estimated actual cost of the project or service will exceed the amount deposited, an additional deposit of such estimated excess amounts shall be required. When an additional deposit has been requested, work will be suspended on the project or service when eighty percent (80%) of the deposit previously received has been expended. Section 9. Proposition 26 Determination. The City Council hereby finds and determines that the fees referenced within this Resolution are not taxes as defined in Article XIII C Section 1(e) of the California Constitution because the fees are either: A. Imposed for a specific benefit conferred or privilege granted directly to the payors, that is not provided to those not charged, and which do not exceed the reasonable costs in the City of conferring the benefit or granting the privilege; B. Imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which do not exceed the reasonable costs to the City of providing the service or product; C. Imposed for the reasonable regulatory costs to the City for issuing licenses and permits, performing investigations, inspections, or audits, and the administrative enforcement and adjudication thereof, D. Imposed for entrance to, or use of, City property; or the purchase, rental or lease of City property; or E. Charges imposed as a condition of property development. Section 10. Prior Resolutions Rescinded. Resolution No. 7536 of the City Council of the City of Redlands relating to fees is hereby rescinded on the effective date of this Resolution. Section 11. CEQA Exemption. The City Council hereby finds and determines that the adoption of this Resolution is exempt from review and under the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080(b)(8)(1) and CEQA Guidelines Section 15273 because this Resolution relates to fees and charges for the purpose of meeting the operating expenses of the City. Section 12. Severability. Should any part or portion of this Resolution be rendered or declared invalid by a court of competent jurisdiction, including any of the fees identified in the Exhibit to this Resolution, such invalidation of such part or portion of this Resolution, or of any fee, shall not invalidate the remaining portions hereof, of the remaining fees, and they shall remain in full force and effect. Section 13. Effective Date. This Resolution and the fees established by this Resolution shall become effective on March 15, 2016 except for new or increased fees which apply to the "filing, accepting, reviewing, approving, or issuance of an application, permit or entitlement to -3- IAcclerklResolutionslRes 7600-769917609 Fee Resolution 3 15 16.docx