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RES-9062 Revising Master Schedule of Fees and ChargesRESOLUTION NO. 9062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE ESTABLISHING AND IMPOSING FEES IN LIEU OF PARKING WITHIN THE DOWNTOWN PLAZA DISTRICT AND AMENDING AND REVISING THE MASTER SCHEDULE OF FEES AND CHARGES AS AUTHORIZED BY ORANGE MUNICIPAL CODE CHAPTER 3.10 PERTAINING TO SAID FEES. WHEREAS, the City Council ("City Council") of the City of Orange ("City") has previously adopted Ordinance No. 8-98 amending Chapter17.34 of the Orange Municipal Code Code") providing for the satisfaction of the parking requirements of Section17.34.060 of the Code by the provision of payments in lieu of providing all or part of the off- street parking r,equired for each new New Development project, new structure, and addition of new square Dotage to existing buildings in the Downtown Plaza District (collectively referred to herein as New Development"); and WHEREAS, Ordinance No. 8-98 provided for the subsequent imposition of "in-lieu parking replenishment fees" and "in-lieu parking replacement fees" (collectively referred to herein as the "In-Lieu Fees") by resolution of the City Council in accordance with the requirements of the Mitigation Fee Act (commencing with Section 66000 of the Government Code of the State of Cali fomi a) (the "Act"); and WHEREAS, this City Council has received and duly considered a study entitled Downtown Plaza District Short Term Parking Strategies", dated January, 1999, and prepared by Dennis & Associates Traffic & Transportation Engineering (the "Study"), which Study contains information, documentation and analysis of the parking issues and needs within the Downtown Plaza District including (a) the purpose of the In-Lieu Fees; (b) the use to which the In-Lieu Fees are to be put; (c) the reasonable relationship between the use of the In-Lieu Fees and the type of New Development projects on which the In-Lieu Fees are to be imposed; (d) the reasonable relationship between the need for the parking facilities and programs to be funded with In-Lieu Fees and the type of New Development projects on which the In-Lieu Fees are to be imposed;and (e) the reasonable relationship between the amount of the In-Lieu Fees and the cost of the parking facilities and programs or portion of the parking facilities and programs attributable to the New Development projects on which the In-Lieu Fees are to be imposed; and WHEREAS, the City Council is committed to maintaining the same level of off- street public parking facilities relative to the demand for WHEREAS, based upon the analysis provided in the Study, this City Council finds that future New Development will directly cause an increase in the need for off-street public parking facilities and parking programs; and WHEREAS, in some cases, future New Development within the Downtown Plaza District may be unable to provide on-site the number of off-street parking facilities required by Chaptt:r 17.34 ofthe Code; and WHEREAS, the In-Lieu Fees collected under and pursuant to this Resolution and Section 17.34.025 of the Code shall be used to finance the public parking facilities and programs identified on Exhibit "A" attached hereto and incorporated herein by this reference (collectively referred to herein as the "Program"); and WHEREAS, to the extent that a new New Development project is unable to provide on-site the off-street parking required by Chapter 17.34 of the Code, the City, in order to mitigate the impact of such new development, shall be required to finance the Program; and WHEREAS, after consideration of the Study, this City Council believes that (a) there is a reasonable relationship between the use of the In-Lieu Fees and the type of New Development projects on which the In-Lieu Fees are to be imposed; (b) there is a reasonable relationship betwem the need for the Program to be funded with In-Lieu Fees and the type of New Development projects on which the In-Lieu Fees are to be imposed; (c) there is a reasonable relationship between the amount of the In- Lieu Fees and the cost ofthe Program or portion of the Program attributable to the New Development projects on which the In-Lieu Fees are to be imposed; and ( d) the establishment andimposition of the In-Lieu Fees pursuant to this Resolution and Section 17.34.025 of the Code is in the best interests of the City and the health,safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law and requirements; and WHEREAS, the Study was made available to the public as required by law before this City Council considered it at a regularly scheduled public meeting; and WHEREAS, all required notices of the proposed establishment and imposition of the InLieu Fees have been given; and WHEREAS, after publication of notice, as required by law, a public hearing has been duly held by the City Council in accordance with the Act on the proposed establishment and imposition of the In-Lieu Fees; and WHEREAS, prior to the time that the City Council adopted Ordinance 8-98, itfound and determined that providing for the satisfaction of the parking requirements of Section 17.34.060 of the Code by the provision of payments in lieu of providing all or part of the off-street parking required for each new New Development project in the Downtown Plaza District was categorically exempt from the provisions of the California Environmental Quality Act WHEREAS, the proposed establishment and imposition of the In-Lieu Fees is statutorily exempt from the provisions of CEQA in accordance with Section 15273 of the State CEQA Guidelines; 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 fees relating to services provided by the City in connection with the payment of fees in lieu of providing parking spaces required of certain types of new New Development projects located in or to be located within the eight block area the Downtown Plaza District.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows:1. The foregoing recitals are true and correct.2. That the City Council accepts and adopts the Study and the Program identified on Exhibit "A" attached hereto.3. That the City Council finds that the purpose of the In-Lieu Fees imposed upon New Development is to partially fund the Program required to partially offset the impact and burden that New Development will impose on the Downtown Plaza District.4. That the City Council finds that the In-Lieu Fees imposed on New Development will be used only to finance the Program and that the parking facilities and programs comprising the Program are required to partially offset the impact and burden that New Development will impose within the Downtown Plaza District.5. That the City Council finds that there is a roughly proportional, reasonable relationship between the use of the In-Lieu Fees and New Development within the Downtown Plaza District because the In-Lieu Fees imposed on New Development by this Resolution will be used to fund parking facilities and programs which will be used to partially offset the impact and burden that New Development will impose within the Downtown Parking District.6. That the City Council finds that there is a roughly proportional, reasonable relationship between the New Development upon which the In- Lieu Fees are imposed and the need for additional parking facilities in the City because New Development will impose an impact and burden within the Downtown Parking, District that cannot be mitigated entirely by developers 7. That the City Council finds that the amount of the In-Lieu Fees levied on New Development as set forth in this Resolution is roughly proportional and reasonably related to,and does not exceed the cost of, providing the parking facilities and programs required to serve the N(:w Development within the Downtown Plaza District and is reasonably related to the maintenance of existing parking facility levels within the Downtown Plaza District and is necessary for public safety.8. That the City Council finds that a separate account has been established for the deposit ofIn-Lieu Fees imposed on New Development and that said account will at all times be separately maintained from other funds of the City.9. That the City Council finds that the funds of the account, described in Section 8,consisting of the proceeds ofIn- Lieu Fees, shall be administered, used and expended exclusively for the Program. The In-Lieu Fees may also be expended by the City for the costs of performing any study or otherwise making the findings and determinations required under subdivisions (a),b), and (d) of Section 66001 ofthe Government Code.10. That the City Council hereby establishes the In-Lieu Fees as a condition of approval of New Development and imposes the In-Lieu Fees on such New Development in the following amounts:A. Any person applying for a building permit for any New Development requiring additional parking as specified in Section 17.34.060 of the Code shall be assessed and shall pay, prior and as a condition to the issuance of such building permit, an in-lieu parking replenishment fee in the amount of Twenty-one Hundred Dollars ($2,100) for eachoff-street parking space required by Section 17. 34.060 of the Code which the New Development is unable to provide.B. Any person applying for a building permit for any New Development that would eliminate existing required parking spaces shall be assessed and shall pay, prior and as a condition to the issuance of such building permit, an in-lieu parking replacement fee in the amount of Seven Thousand Dollars ($7,000) for each off-street parking space required by Section 17.34.060 ofthe Code, which the New Development is unable to provide.II. That the proceeds of the In-Lieu Fees established pursuant to this Resolution shall be deposited into that account identified in Section 8 of this Resolution, the proceeds of which shall be used exclusively for the purpose for which the In-Lieu Fees are to be collected, including accomplishing any study, findings or determinations required by subdivisions (a), (b)and (d) of Section 66001 of the Government Code.12. Resolution No. 8196, adopted on June 29, 1993, is hereby amended and the attachment entitled Amendment to Master Schedule of Fees and Charges in the form presented at this meeting is hereby adopted, modifying EXHIBIT "A" PARKING FACILITIES AND PROGRAMS F'rojects Year. Expenditure 000) 1. 5 6 -10 11 _15 16 _20 Total Enhanced Parking Control (1) 10.0 . . . 10.0 Parking Financing Alternative Analysis 20.0 58.0 160.0 150.0 388.0 F'arking Lot and Walking Routes Improvements 20.0 . . . 20.0 Analysis (2) Implementation/Construction (3) Plaza - Parking Lot Access Analysis Parking Lot Consolidation liY<.. SL 105.0 72.0 . . 177.0 Plans, Specifications. & Estimates 4.0 . . .Property Acquisition (4) 101.0 . . .Implementation/ Construction (4) . 72.0 . .I. OnngeSt.Plans, Specifications & Estimates Propeny Acquisition ~~)Implementation/ Construction IS}Implement Neighborhood Parking Permit Program Joint Use Parking Analysis Parking Lot Maintenance (6)P2rking Management Strategies 10.0 20.0 . . 30.0 Implementation/ Construction 10.0 20.0 . .Parking Structure No.1 15.0 10.0 . . 25.0 Assumed to be S. Orange St.)Conceptull Plans, Spec's. & Estimates 15.0 . . .Environmental and State Registry . 10.0 . .Clearance & Hearings Final Plms. Specifications, Estimates. . . . .Construction Management & Inspection (7)Construction . . . . Maintenance & Operation (I)TOTAL 160.0160.0160.0 150.0630.0 ESllMA TED FEE REVENUE 160.0160.0160.0 150.0630.0 7 ResoNo.9062 AMENDMENT TO MASTER SCHEDULE OF FEES AND CHARGES A. In-LieuParkinl;( Rt4Jlenishment Fees. Any person applying for a building permit for any New Development requiring additional parking as specified in Section 17.34.060 of the Code shall be assessed and shall pay, prior and as a condition to the issuance of such building permit, an in-lieu parking replenishment fee in the amount of Twenty- one Hundred Dollars 2, I 00) for each off-street parking spacerequired by Section 17.34.060 of the Code which the New Development is unable toprovide.B. In-Lieu Parkin!: Replacement Fees. Any person applying for a building permit for any New Development that would eliminate existing required parking spaces shall be assessed and shall pay, prior and as a condition to the issuance of such building permit, an in-lieu parking replacement fee in the amount of Seven Thousand Dollars ($ 7,000) for each off-street parking space required by Section 17.34.060 of the Code, which the New Development those certain fees more particularly described in the attached Amendment to Master Schedule of Fees and Charges. 13. The City Council finds that the fees and charges set forth in the attached Amendment to Master Schedule of Fees and Charges do not exceed the reasonable costs of providing the respective goods, facilities andlor services pertaining to each fee and charge. 14. The fees, charges, and rates listed in the attached Master Schedule of Fees and Charges shall be effective as of the 61" after the date of adoption of this Resolution. 15. If any fee, charge or rate set forth in this Resolution or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect any other fee, charge or rate, or application thereof, which can be implemented without the invalid fee, charge or rate, or application thereof, and to this end the fees, charges and rates of this Resolution are declared to be severable. ADOPTED this l1tiday of May ATTEST: C~AA-d~ C:r~,,"_ M~City Clerk of t e ity of Orange 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 ~ day ofMay , 1999, by the following vote: AYES NOES: ABSENT: ABSTAIN:COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON COUNCIL MEMBERS: NONE COUNCIL MEMBERS: ALVAREZ COUNCIL MEMBERS: NONE J~~~~ f-City Clerk oft City of Orange 5 ResoNo.