RES-7839 Amending the Park Acquisition and Development FeesRESOLUTIOH RO. 7839
A RESOLUTIOR OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING SECTION 5.18.030
OF THE ORANGE MUNICIPAL CODE TO INCREASE
THE FEES FOR PARK ACQUISITION AND
DEVELOPMENT .
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WHEREAS, in July, 1988, the City Council completely revised
Chapter 4.18 of the Orange Municipal Code to require that devel-
opers contribute land or money for acquisition and development of
parks and other recreational facilities: and
WHEREAS, a special fund was created entitled "Park Acquisition
Development" and all fees collected and placed in the special funds
are used to acquire and develop City parks: and
WHEREAS, in June, 1990, the city Council did add Section
15.18.035 to the orange Municipal Code to provide that such fees
may be increased by Resolution of the City Council, and
WHEREAS, the City Council has determined that the fees should
be increased because of increased park acquisition and development
costs: and
WHEREAS, the City'S General Plan Open Space/Conservation
Element, addresses the impacts of contemplated future development
on existing public park facilities in the City of orange, along
with an analysis of the need for new public park facilities and
improvements required by new developlRent: 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
WHEREAS, after considering the information contained in the
General Plan, Capital Improvement program, the Staff Report, and
the testimony received at this public hearing, the city Council
finds as follows:
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A. The purpose of this fee is to finance park acquisition and
improvements to existing park facilities to include
recreational facilities to mitigate the impacts caused by new
development within the boundaries of the City of orange.
B. The park acquisition and development fees, collected
pursuant to this resolution, shall be used to finance
exclusively the park acquisition and development and
improvements to existing park facilities described in the
City'S Capital Improvement Program.
C. New development in the city of orange will generate
additional park and recreation facility needs within the City
and will contribute to the degradation of available recreation
area.
D. There is a need for park and recreation facilities which
have not yet been constructed or have been constructed, but
new development has not contributed its fair share towards
these facility costs and said facilities have been called for
in or are consistent with the City's General Plan.
E. The facts and evidence presented establish that there is a
reasonable relationship between the need for the described
lpublicfacilitiesandtheimpactsofthetypesofdevelopment
described below, for which the corresponding fee is charged,
and, also there is a reasonable relationship between the fee's
use and the type of development for which the fee is charged.
F. 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:
section 5.18.030 is hereby amended to read as follows:
5.18.030 Fees. A. Two thousand three hundred and ten
2,310) for each single family residential unit.
B. One thousand two hundred and thirty dollars ($1,230) for
each mUltiple-family residential
unit.C. six hundred sixty dollars ($660) for each mobile home
park residential
unit.BE IT FURTHER RESOLVED that, the fee shall be solely used
to pay (1) for the public facilities contained in the City's
General Plan and Capital Improvement Plan to be constructed by the
City~2) for reimbursing the City for the development's fair share
of those capital improvements already constructed by the City~ or (
3)to reimburse other developers who have constructed
public facilities described in the City'S Capital Improvement
Program,where those facilities were beyond that needed to mitigate
the impacts of the other developer's project or
projects.BE IT FURTHER RESOLVED that at least 60 days prior to July
1 of each year, the City of Orange shall review the estimated cost
of ~the described capital improvements, the continued need for
those improvements and the types of devloepment pending or
anticipated and for which this fee is charges. The Community Services
Director shall report his findings to the city Council at a noticed
public hearing and recommend any adjustment to the fee or other action
as may be
needed.Reso No. 7839
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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 18th day of June 1991.
ATTEST:
v
city Cl k tlTe"City 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 18th day of June ,
1991, by the following vote:
AYES: COUNCIL MEMBERS: STElNER,BARRERA,MAYOR BEYER,COONTZ,SPURGEON
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
l,"U/r~~City Clerk t~ y of Orange
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RDHjdg 3-Reso No. 7839