RES-7840 Amending the Fire Protection Facilities FeeRB80LUTJ:O. 110. 7840
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE AMENDING SECTION 15.38.060 OF THE
ORANGE MUNICIPAL CODE TO INCREASE THE
FIRE PROTECTION FACILITIES FEE.
r--. WHEREAS, the City Council adopted Ordinance No. 46-88
to require that developers contribute their fair share of the
costs of the acquisition and construction of new fire
protection facilities and certain other improvements and additions to
other fire protection facilities;
and WHEREAS, said ordinance did 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 construction costs,
as evidenced by a 3.5% increase in the Engineerinq News Record
Cost Index in the last year and the fact 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 existinq fire facilities
in the City of Oranqe, 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 qives the basis for estimatinq 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 the testimony at the public hearinq, 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 existinq fire facilities to mitiqate
the impacts caused by and to service new development within
the boundaries of the City of
Oranqe.B. ~. fee.colleqted pursuant to this resolution, shall
be used solely to 'finance new development's fair share of
the cost of tire facility construction and improvements
to existinq fire facilities'to mitiqate the impacts causedbyandtoservicenewdevelopmentwithintheboundariesof
the City of
Oranqe.C. After considerinq the information contained in
the General Plan, Capital Improvement Proqram, the
Staff Report, and the testimony received at this
public hearinq, the city Council finds that new development
in the City of Oranqe will qenerate additional
fire facility needs within the City and will contribute
the demand upon the services provided by the existing
fire facilities.
D. There is a need for fire 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
public facilities and the impacts of the types of developent
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 develop-
ment 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 15.38.060 is hereby amended to
reflect the changes in fees and charges set forth in exhibit A
attached hereto and hereby incorporated by reference. The rates
shown under the heading "Revised Fee Rate" set forth in said
exhibit A shall be codified in place of those shown under the
CUrrent Fee Rate" on exhibit A for each fee area listed.
BE IT FURTHER RESOLVED that the provisions of this
resolution shall become effective 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 18th day of June 1991.
ATTEST:
4/~~/f/
c~ty Cler of y of Orange
Reso No. 7840 2-
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:
r-.,AYES: COUNCIL MEMBERS: STEINER,BARRERA,MAYOR BEYER,COONTZ,SPURGEON
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ci y Cler ty of Orange
RDH/dg 3-Reso No.7840
r-