RES-9725 Library Facilities Development Impact Fees EstablishmentRESOLUTION NO. 9725
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE ESTABLISHING THE AMOUNT
OF THE LIBRARY FACILITIES DEVELOPMENT
IMPACT FEES FOR THE IMPLEMENTATION OF
CHAPTER 3,50 OF TITLE 3 OF THE ORANGE
MUNICIPAL CODE AND AMENnING THE CITY'S
MASTER SCHEDULE OF FEES AND CHARGES.
WHEREAS, the City Council has adopted for first reading Ordinance No. 11-
03,establishing a formula for determining the payment of certain library facilities
development impact fees to serve certain new residential development projects for the City of Orange;
and WHEREAS, the aforementioned ordinance calls for the City Council to adopt
by resolution the specific amount of the library facilities fees, residential density
classifications,a list of the specific improvements to be financed, and a description of the estimated cost
of those facilities 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 Library Faciliti(~s Fee Study, dated April 2, 2003,
and prepared by Maximus, Inc. (herein referred to as the Studty);
and WHEREAS, the Study analyzed the impacts of residential development on the
City library system and the City's goals and objectives contained in its Orange Public
Library Facilities Master Plan, adopted by the City Council on January 14, 2003 (herein referred to
as the 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 and projected land use patterns and zoning;
and WHEREAS, as the Study demonstrates, the library facilities development
impact fees established by this resolution are based upon estimated costs for new library
facilities and service improvements, which will be required, incrementally, by new
residential development within the City;
and WHEREAS, as the Study demonstrates, the library facilities fees established by
this Resolution do not exceed the reasonable cost of providing library facilities and
service improvements occasioned by new residential development projects within the City
of Orange;
WHEREAS, the fees established by the Study relate rationally to the reasonable cost
of providing library facilities occasioned by new residential development projects 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 the dwelling units within those density
classifications, as disclosed by the most recent available Federal census figures, are
appropriate for all of the dwelling units to be constructed within the City of Orange subject to
the provisions of Chapter 3.50 of Title 3 of the Orange Municipal Code:
Density Classification
Dwelling Units/Gross Acre)
Average Nwnber
of PersonslDwelling Unit
6
6 - :::::15 15
3.
05 3.
16 2.
64 WHEREAS,
the City Council hereby finds and determines that the per-capita cost to
provide library facilities and materials needed to serve future residential development
projeGts is $243.45, are as set forth in Table 2.2 ofthtl Study; and
WHEREAS, Ordinance No. 11-03 provides for the waiver, in whole or in part, of
the fees required by Chapter3.50 of Title 3 of the Orange Municipal Code under
certain circumstances 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 it will consider such a waiver for
a residential development project consisting of affordable housing units;
and WHEREAS, a public hearing on the adoption of this resolution and the
library 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 public at the public hearing at which this resolution and Ordinance No. 11-03
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. 11-03 and applies them in support of the adoption of this
resolution; and WHEREAS, this City Council finds that, pursuant toSection 15061(b)(3) of
the State of California Environmental Quality Act (CEQA) Guidelines, the adoption of
this resolution will not Gause 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 library facilities
development impact fees as a condition of approval of certain residential development projects located in or
to be located within the City
of Orange.NOW, THEREFORE, BE IT RESOLVIW by the City Council of the
City of Orange
as follows:Section 1.The foregoing recitals are true
and correct.Section 2, The library facilities development impact fees 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 project are and shall
be
as follows:
Density Classification Dwelling Units/GrossAcre)Fee/
Dwelling
Unit 6 6 - :::
15
15 742.
52769.
30 642.
71 Section 3. The library facilities fees fixed h(~rein shall be adjusted
automatically on July 1st of each fiscal year, beginning on July 1, 2004 consistent with Section 3.50.050
of the Orange Municipal
Code.Section 4, When a developer of a residential development project 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 and 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 Chapter 3.50 of Title 3 of the Orange Municipal Code for that portion of the
residential development project 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 n~sidential development targeted for affordability to very low income households and/or
lower income households (as the case may be) from the provisions of Chapter 3.50 of Title 3
of the Orange Municipal Code if the City Council 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
defined 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 units for very low income households and/or lower income households for a
period of at least thirty (30)
years.Section 5, The provisions of this resolution are subject and subordinate to
the provisions of Chapter 3.50 of Title 3 of the Orange Municipal Code and shall at aH times
be construed and applied consistent therewith, as the same presently exists or is
hereafter amended from time to
time.Section 6. Be it further resolved that this Resolution shaH become operative
sixty 60) days foHowing the date of final passage of Ordinance No.
11-03.Section 7, 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 of
the increase.Section 8. 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 shaH not affect the validity or constitutionality of the
remaining portions of this resolution; it being hereby expressly declared that this resolution, and
each section,subse:ction, subparagraph, sentence, clause and phrase hereof would have
been prepared,proposed, approved and ratified irrespective of the fact that anyone or
more sections,subse:ctions, subparagraphs, sentences, clauses or phrases be declared
invalid
or
ADOPTED this 13th day of May, 2003
M11ie,
M;;:
1{,o,mg,
ATTEST:
Cuu(A~~{'~~4'd
Cassandra J. Cat , City Clerk,City of Orange
I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, California,
hereby certify that the foregoing Resolution was duly and regularly adopted by the City
Council ofthe 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
Cassandra J. Cat c , City Clerk, City of Orange
5