RES-9724 Park & Recreational Facilities Development Impact Fees EstablishmentRESOLUTION NO. 9724
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE ESTABLISHING THE AMOUNT
OF THE PARK AND RECREATIONAL FACILITIES
DEVELOPMENT IMPACT FEES FOR THE
IMPLEMENTATION OF CHAPU:R 3.40 OF TITLE
3 OF THE ORANGE MUNICIPAL CODE AND
AMENDING THE CITY'S MASTER SCHEDULE OF
FEES AND CHARGES.
WHEREAS, the City Council has adopted for first reading Ordinance No. 10-
03,establishing a formula for determining the payment of certain park and recreational
facilities development impact fees to serve certain new residential development for the City of
Orange;
and WHEREAS, the aforementioned ordinance calls for the City Council to adopt
by resolution certain standards, residential density classifications and criteria to be utilized
to implement said ordinance, and the City Council hereby desires to make the
determinations required by said ordinance by the adoption of this resolution;
and WHEREAS, the City Council of the City of Orange has received and duly
considered a report entitled, City of Orange Quimby Ordinance Background Report, dated
December,1999, and prepared by Hogle-Ireland, Inc., as amended by a supplemental report
prepared by Hogle-Irdand, Inc., dated March 11, 2003 (collectively referred to herein
as the Study),which established costs for providing park and recreational facilities
occasioned by new residential development within the City
of Orange; and WHEREAS, the Study analyzed the impacts ofn:sidential development on
the City's parks system and the City's goals and objectives contained in its Master
Plan for Park Facilities, Recreation and Community Services, which was adopted by the
City Council on Decembl:r 14, 1999 (
Master Plan); and WHEREAS, the Study determined the public facilities
and service improvements engendered by anticipated future residential development in light of the
General Plan and existing ,md projected land use patterns
and zoning; and WHEREAS, as the Study demonstrates, thf: park
and recreational facilities development impact fees established by this resolution are based upon
estimated costs for new park and recreational facilities and service improvements, which
will be required,incrementally, by new residential development within
the City; and WHEREAS, as the Study demonstrates, the park and
recreational facilities fees established by this Resolution do not exceed the reasonable cost of
recreational facilities and service improvements occasioned by new residential development
within the City of Orange; and
WHEREAS, the fees established by the Study relate rationally to the reasonable cost
of providing park and recreational facilities occasioned by certain new residential
development within the City of Orange; and
WHEREAS, the City Council hereby finds and determines that the residential
dwelling units constructed, or to be constructed, within the City of Orange can be classified
into three density classifications and that the average number of persons per dwelling unit
based upon the average household size for thl: dwelling units within those density
classifications, as disclosed by the most recent available Federal census, are appropriate for
all of the dwelling units to be constructed within the City of Orange subject to the provisions
of Chapter 3.40 ofthe Orange Municipal Code:
Density Classification
Dwelling Units/Gross Acre)
Average Number
of Persons/Dwelling Unit
6
6-:::15
15
3.05
3.16
2.64
WHEREAS, the City Council hereby finds and determines that the average cost to
provide vacant residential land with the Minimum Park Standards acceptable to the City is
Eighty-Eight Thousand Two Hundred Thirty Dollars ($88,230.00) per acre;
and WHEREAS, the City Council hereby finds and determines that the fair market
value for one acre of vacant residential land within District No. I for each density classification
is:Density
Classification Dwelling Units/Gross Acre)Fair Market
Value
66-:::
15
15 800,
000 960,
000 1,100,
000 WHEREAS, the City Council hereby finds ,md determines that the fair market
value for one acre of vacant residential land within District No.2 for each density classification
is:Density
Classification Dwelling Units/Gross Acre)Fair Market
Value
6 6 - :::15
15
900,000
1,075,000
1,230,000
2
WHEREAS, Ordinance No. 10-03 provides for the waiver, in whole or in part, of
the fees required by Chapter3.40 of Title 3 of the Orange Municipal Code under
certain circumst;mces provided that the City Council (A) finds that a subdivision will serve a
public purpose or satisfy a public need and is located within a redevelopment project area, or
other special district, or involves direct City of Orange or Orange Redevelopment
Agency participation in the residential development, and (B) sets forth by resolution
specific limitations that will apply to such waivers. Accordingly, the City Council now desires to
set forth by this resolution the circumstances under which :.t will consider such a waiver for
a residential development consisting of affordable housing units;
and WHEREAS, a public hearing on the adoption of this resolution and the park
and recreational facilities fees outlined herein was noticed pursuant to and in compliance
with California Government Code Section 6062(a), and set as part of a regularly scheduled
City Council meeting held on May 13, 2003;
and WHEREAS, the Study, as well as all materials supplementary thereto, and
all background data referenced in the Study, were available for public inspection and review
at the City Clerk's office at the City of Orange;
and WHEREAS, this City Council has received and duly considered the information
and facts set forth in the agenda report presented to it and any testimony received from staff
and the publiic at the public hearing at which this resolution and Ordinance No. 10-
03 were considered, which testimony is hereby incorporated into the record on this
matter; and WHEREAS, this City Council hereby incorporates the findings made
in Ordinance No. 10-03 and applies them in support of the adoption of
this resolution; and WHEREAS, this City Council finds that, pursuantto Section 15061(b)(3)
of the State of California Environmental Quality Act (CEQA) Guidelines, the adoption
of this resolution will not cause a significant effect on
the environment; and WHEREAS, on June 29, 1993, and pursuant to Chapter 3.10
of the Orange Municipal Code, the City Council adopted Resolution No. 8196 which revised
the City's Master Schedule of Fees and Charges, which has been amended from time to
time since then by the
City Council; and WHEREAS, the City Council has determined that the Master Schedule
of Fees and Charges should again be amended to provide for certain park
and recreational facilities development impact fees as a condition of approval of
certain residential development projects located in or to be located within the
City
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Orange as follows:
Section 1.The foregoing recitals are true and correct.
Section 2. That the park and recreational facilities development impact fees to be
paid as a condition precedent to the issuance of a building pennit for each dwelling unit
within the following residential density classifications of a residential development within
District No.1 are and shall be as follows:
Density Classification
Dwelling Units/Gross Acre)Fee/Dwetling Unit
56
6-:515
15
7,994
9,434
9,506
Section 3. That the park and recreational facilities development impact fee to be
paid as a condition precedent to the issuance of a building permit for each dwelling unit
within the following residential density classifications of a residential development within
District NO.2 are and shall be as follows:
Density Classification
Dwelling Units/Gross Acre)Fee/Dwetling Unit
56
6 - :515 15
8,
894 10,
469 10,
546 Section
4. The park and recreational facilities fees fixed herein shall be adjusted automatically
on July 1st of each fiscal year, beginning on July 1, 2004 consistent with Section
3.40.050 of the Orange MWlicipal Code.Section
5. When a developer of a residential development proposes to construct at
least twenty percent (20%) of the total dwelling units for "lower income households" (as defined
in Section 50079.5 of the California Health ,md Safety Code) or ten percent (10%) of the
total dwelling units for "very low income households" (as defined in Section 50105 of the California
Health and Safety Code), the developer may apply for an exemption from Ordinance
No. 10-03 for that portion ofthe residential development that is affordable to very
low income households and/or lower income households (as the case may be). The City
Council may exempt that portion of the residential development targeted for aftordability to
very low income households and/or lower income households (as the case may be) from the
provisions of Ordinance No.1 0-03 if the City Counci I makes a finding that such exemption
is required in order to provide for, affordable housing cost, for owner-occupied
housing, as defined in Section 50052.5 of the Health and Safety Code, or for, affordable rents,
as
in Section 50053 of the Health and Safety Code and the developer provides sufficient legal
commitments to the City to ensure the continued availability, affordability and use of the
housing lmits for very low income households and/or lower income households for a period
of at least thirty (30) years.
Section 6. The provisions of this resolution are subject and subordinate to the
provisions of Chapter 3.40 of Title 3 of the Orange Municipal Code and shall at all times be
construed and applied consistent therewith, as the same presently exists or is hereafter
amended from time to time.
Section 7. Be it further resolved that this Resolution shall become operative sixty
60) days following the date of final passage of the afon:mentioned ordinance establishing a
formula for determining the payment of certain park and recreational facilities development
impact f(:es.
Section 8. Any judicial action or proceeding to attack, review, set aside, void, or
annul this resolution or any provision hereof shall be commenced within 120 days of the
effective date hereof. In addition, any judicial action or proceeding to attack, review, set
aside, void, or annul an increase (if any) in a fee (or fees) set forth in this resolution
occasioned by an automatic adjustment shall be commenced within 120 days of the effective
date ofthe increase.
Section 9. Should any section, subsection, subparagraph, clause, or provision of
this resolution for any reason be held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions
of this resolution; it being hereby expressly declared that this resolution, and each section,
subsection, subparagraph, sentence, clause and phrase hereof would have been prepared,
proposed, approved and ratified irrespective of the fact that anyone or more sections,
subsections, subparagraphs, sentences, clauses or phrases be declared invalid or
unconstitutional.
ADOPTED this 13th day of May, 2003
1J1j' ~ fN
Mark A. Murphy, Mayor,
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ATTEST:
4A~~
Cassandra J. Cat , City Clerk, City of Orange
I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, California, do
hereby certify that the foregoing Resolution was duly and regularly adopted by the City
Council of the City of Orange at a regular meeting thereof held on the 13th day of May, 2003,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
i~~
Cassandra J. CatH , City Clerk,Clty of Orange
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