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RES-9295 Repealing Resolution No. 7840 and Revising Fire Protection Facilities FeeRESOLUTION NO. 9295 I"" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE REPEALING RESOLUTION NO. 7840 AND REVISING THE FIRE PROTECTION FACILITIES FEE. WHEREAS, the City Council adopted Chapter 15.38 of the Orange Municipal Code to require that developers contribute their fair share of the costs of the acquisition and construction of a new fire protection facilities and certain other improvements and additions to other fIre protection facilities; and WHEREAS, Orange Municipal Code Section 15.38.080 provides that such fees may be increased by resolution adopted by the City Council; and WHEREAS, the City Council has determined that the fees should be increased because of increased construction costs and that the fee, as currently constituted, does not fully reflect new development's fair share of the cost of new fire facilities; and WHEREAS, the City's General Plan addresses the impacts of contemplated future development of existing fire facilities in the City of Orange, along with an analysis of the need for new facilities and improvements required by new development; and WHEREAS, the General Plan sets forth the relationship between new development and the needed facilities, and the City's Capital Improvement Plan gives the basis for estimating the costs of those improvements and new facilities; and WHEREAS, after consideration of the information contained in the General Plan, the Capital Improvements Plan, the Staff Report and public testimony, the City Council finds as follows: A. The purpose of this fee is to recover new development's fair share of the cost of fire: facility construction and improvements to existing fire facilities to mitigate the impacts caused by and to service new development within the boundaries of the City of Orange. I""B. The fees collected pursuant to this Resolution, shall be used solely to finance new development's fair share of the cost of fire facility construction and improvements to existing fire facilities to mitigate the impacts caused by and to service new development within the boundaries of the City of Orange. C. After considering the information contained in the General Plan, Capital Improvement Program, the Staff Report, and public testimony, the City Council finds that new development in the City of Orange will generate additional fire facility needs within the City and will contribute to the demand upon the services provided by the exiting fire facilities. --..D. The facts and evidence presented establish that there is a reasonable relationship be1ween the need for the described fire facilities and the impacts of the types of development described in Exhibit "A", for which the corresponding fee is charged, and, also there is a reasonable relationship between the fee's use and the type of development upon which the fee is charged.E. The cost estimates set forth in the City's Capital Improvement Programs are reasonable cost estimates for constructing these facilities, and the fees expected to be collected by the City of Orange from any affected development project will not exceed the total of those costs attributable to the impact of that project.NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Orange that the changes in fees and charges set forth in Exhibit "A" are hereby adopted and Resolution No. 7840 is rescinded.BE IT FURTHER RESOLVED that the provisions of this Resolution shall become effi~ ctive 60 days after its adoption as required by California Government Code Section 65962.BE IT FURTHER RESOLVED that any judicial action or proceeding to attack,review, set aside, void or annul this Resolution shall be brought within 120 days.ADOPTED this 13th day of June, 2000.ATTEST: OfOrnnge Reso No. 9295 2 dad I 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 June, 2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE 1uuL2a5cCtt~A'Ad Cassandra J. Cathc , CIty Clerk ofthe CIty of Orange Reso No. 9295 3 dad Current Proposed Fee Fee 0/0 Chanqe Fire Protection Facility Fees r- Area "A" Residential up to 1800 sq. ft. $ 504 $ 612 21.43% Residential each sq. ft. above 1800 $ 0.34 Non-Residential (per sq. ft.) $ 0.28 $ 0.3421.430/ 0 Area " B"Re!sidential up to 1800 sq. ft. $ 216 $ 234 8. 33%RE~sidential each sq. ft. above 1800 $ 0. 13 Non-Residential (per sq. ft.) $ 0.12 $ 0.13 8.33% Area "C"Residential up to 1800 sq. ft. $ 450 $ 522 16.00%Residential each sq. ft. above 1800 $ 0.29 Non-Residential (per sq. ft.) $ 0.25 $ 0. 29 16. 00%Area "Oil Residential up to 1800 sq. ft. $ 432 $ 504 16.67%Residential each sq. ft. above 1800 $ 0.28 Non-Residential (per sq. ft.) $ 0.24 $ 0. 28 16. 670/0 Area "E"Residential up to 1800 sq. ft. $ 144 $ 630 337.500/0 Residential each sq. ft. above 1800 $ 0.35 Non-Residential (per sq. ft.) $ 0.08 $ 0.35 337.500/0 Area "Oil Hesidential up to 1800 sq. ft. $ 666 $ 810 21.620/0 Residential eachsq. ft. above 1800 $ 0.45 Non-Residential (per sq. ft.) $ 0.