HomeMy WebLinkAboutORD-11-03 Add Ch 3.50- Payment of Library Facilities FeesORDINANCE NO, 11-
03 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADDING CHAPTER 3,50
OF TITLE 3 TO THE ORANGE MUNICIPAL
CODE PERTAINING TO REQUIREMENTS FOR
THE PAYMENT OF LIBRARY FACILITIES FEES AS
A CONDITION OF APPROVAL FOR
RESIDENTIAL DEVELOPMENT
PROJECTS.WHEREAS, new residential development projects within the City of Orange will
result in additional population growth and such growth will create a demand on and need for
public library facilities which cannot be met by the ordinary revenues of the city;
and WHEREAS, the demand and need for such facilities and services results directly
from the increase in density in the city by the development of land that has heretofore been
vacant and by the construction of additional residential units on land heretofore developed;
and WHEREAS, new residential development projects within the City of Orange
should bear a proportionate financial burden in the constmction and improvement of library
facilities which are necessary to serve the growth engendered by such residential development
projects;
and WHEREAS, the most practical and equitable method of collecting the funds
necessary to provide such library facilities is to establish and impose an impact fee upon the
construction of new residential development projects in the City of Orange and to expend those funds in
a marmer intended to mitigate the adverse effects of new residential dwelling units on
library facilities;
and WHEREAS, the City Council of the City of Orange has received and duly considered
a report entitled, City of Orange Library Facilities Fee Study, dated April 2, 2003, and
prepared by Maximus, Inc. (herein referred to as the Study);
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 City Council of the City of Orange .finds that the purpose of
library facilities fees is to prevent population and growth from reducing the availability of
library services to residents of the City of Orange by requiring new residential development projects
to bear a portion of the costs of additional library buildings, materials, improvements and
services needed to serve a growing population;
WHEREAS, the City Council of the City of Orange finds that revenue from library
facilities fees will be used to construct facilities and acquire materials identified in the Master
Plan; and
WHEREAS, based on the analysis presented in the Study, the City Council of the City
of Orange finds that there is a reasonable relationship between:
A. The use of the library facilities fees ,md the development
type on which it is imposed; and
B. The need for the facility and the typt: of development on
which the library facilities fees is imposed; and
C. The amount of the library facilities fees and the facility
costs attributable to the residential development project.
WHICREAS, as the Study demonstrates, the library facilities fees established by this
ordinance are based upon estimated costs for new library facilities, which will be required,
incrementally, by new residential development within the City of Orange; and
WHEREAS, as the Study demonstrates, the library facilities fees established by this
ordinance do not exceed the reasonable cost of providing library facilities occasioned by new
residential d,~velopment projects within the City of Orange; and
WHEREAS, the fees established by the Study rationally relate to the reasonable cost of
providing library facilities occasioned by new residential development projects within the City
of Orange; and
WHEREAS, a public hearing on the adoption of this ordinance and the library facilities
fees outlined herein and in an accompanying resolution 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 desires to require the payment of certain library facilities
fees to serve new residential development projects in accordance with the Master Plan; and
WHEREAS, Sections 66000 et seq. of the Government Code of the State of California
commonly known as the Mitigation Fee Act) authorizes the City to require the payment of
development impact fees as a condition of approval for the issuance of a permit for the
construction of new residential development projects; and
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WHEREAS, this City Council finds that, pursuant to Section 15061(b)(3) of the State of
California Environmental Quality Act (CEQA) Guidelines, the adoption of this ordinance will not
cause a significant effect on the environment; 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 meeting at which the proposed ordinance was considered, which testimony is
herl~by incorporated into the record on this matter; and
WHEREAS, this City Council has duly considered all of the terms and provisions of
this ordinance and believes that the adoption of this ordinance 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS FOLLOWS:
SECTION I:
Title 3 of the Orange Municipal Code is hereby amended by adding Chapter 3.50
thereto to read in full as follows:
Sections:
3,50,010
3,50.020
3.50.030
3.50.040
3.50.050
3,50.060
3,50.070
3,50.080
3.50.090
3.50.100
3.50.110
3,50.120
3,50,130
3.50.140
Chapter 3,50
LIBRARY FACILITIES FEES
Findings and Purpose.
Definitions.
Library Facilities Fees.
Imposition of Library Facilities Fees,
Automatic Annual Adjustment.
Increase by Resolution,
Payment of Library Facilities Fees.
Use of Library Facilities Fees.
Exemptions,
Fee Adjustments,
Credits.
Credit for Library Facilities Provided by Developers,
Refund of Library Facilities Fees; Periodic Findings.
Controlling State Law.
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3.50.010 Findings and Purpose.
The City Council of the City of Orange finds and declares that all recitals set forth in the
preamble of the ordinance codified in this chapter are true and such recitals are incorporated in
this chapter and set forth as findings of the City Council; and the City Council does further find
and declare as follows:
A. The State of California, through the enactment of Section 66000 et seq. of the
Government Code of the State of California, also known as the Mitigation Fee Act, has
determined the nexus that must be established in the enactment of development impact fees.
B. The imposition of development impact fees is one of the preferred methods of
ensuring that development bears a proportionate share of the cost of public facilities and
services neCt:ssary to accommodate such development. This must be done in order to promote
and protect the public health, safety and welfare.
C. This chapter recognizes that new residential development projects within the
City of Orange will result in additional growth and that such growth will place additional
burdens on library facilities, infrastructure and services, necessitating the acquisition of land
and construction of library facilities and expansion of services and infrastructure in order to
meet and accommodate new residential development projects.
D. New residential development projects within the City of Orange should bear a
proportionat<e financial burden in the construction and improvement of library facilities
necessary to serve them.
E. The cost of providing library facilities occasioned by new residential
development projects within the City of Orange exceeds the revenue generated by fees exacted
from the residential development projects.
F. The City of Orange adopts the City of Orange Library Impact Fee Study, dated
April 2, 2003, and prepared by Maximus, Inc. (the Study), which established costs for
providing library facilities occasioned by new residential development projects within the City
of Orange.
G. The library facilities fees established by this chapter are based upon the costs
generated through the need for new library facilities and other capital acquisition costs required,
incrementally, by new residential development within the City of Orange.
H. The fees established by this chapter do not exceed the reasonable cost of
providing library facilities occasioned by new residential development projects within the City
of Orange.
1. The fees established by this chapter relate rationally to the reasonable cost of
providing library facilities occasioned by new residential development projects within the City
of Orange, which library facilities are consistent with the General Plan of the City of Orange.
4
J. The library facilities and anticipated future residential development projects
ref,:renced in this chapter are based upon an analysis of existing and proj ected land use and
zomng.
K. The fees established by this chapter are consistent with the goals and objectives
of the city's general plan and are designed to mitigate the impacts caused by new residential
development throughout the City of Orange. Development impact fees are necessary in order
to help finance the required library facilities and to pay for new residential development's fair
share of their costs.
L. Imposition of fees to finance library facilities required by new residential
development is necessary in order to avoid adversely impacting existing library facilities.
3.50,020 Definitions.
For purposes of this chapter, unless otherwise apparent from the context, the following
terms, phrases, words and their derivations shall have the meanings respectively ascribed to
them by this section:
A. Building permit - means and includes any permits required for construction,moving
structures into the City of Orange, and the like, such as electrical and plwnbing pennits,
moving permits, and the like.B.
Developer - means the legal or beneficial owner or owners of a lot or of any land included in
a proposed residential development project, including the holder of an option or contract to
purchase or other persons having an enforceable proprietary interest in such land,who is
legally responsible for payment of a library facilities fee under and pursuant to this chapter.C.
Dormitory-
style housing - means student housing facilities for individual or group accommodation
owned or operated, or authorized to be acquired, constructed, furnished,equipped and
operated, by a college or university for use by students, faculty members, or other employees of
any college or university.D. Dwelling
Unit - shall have the sam,: meaning assigned to that term in Section 17.04.023
of this Code but, for the purposes of this chapter, shall also mean and include any of the other types
of housing units within the definition of the term, residential development project, in this
Section 3.50.020.E. Fair market
value - means the fair market value of undeveloped residential real property as applicable for
the density classifications established by resolution of the City Council for the implementation
of this chapter.F. Library facilities fee -
means a monetary exaction, other than a tax or special ass,:ssment, which is established
by the City Council under this chapter and is charged by the 5
City of Orange to an applicant in connection with approval of a residential development project
for the purpose of defraying all or a portion of the cost of library facilities related to the
residential d.:velopment project, but does not include fees specified in Section 66477 of the
California Government Code, fees for processing applications for governmental regulatory
actions or approvals, or fees collected under development agreements adopted pursuant to
Article 2.5 of Chapter 4, Division 1, Title 7 of the California Government Code (commencing
with Section 65864).
G. Library facilities - means and includes library buildings and improvements, print and
audiovisual materials, furniture, fixtures, technology and equipment.H.
Master Plan - means the Orange Public Library Facilities Master Plan, 2002-2020, as
adopted by the City Council of the City of Orange on January 14, 2003, as the same may be
amended from time to time.1. Residential
care facility for the elderly - melUlS a housing arrangement chosen voluntarily by persons
sixty (60) years of age or over, or their authorized representative, where varying levels and
intensities of care and supervision, protective supervision, personal care, or health-related services
are provided, based upon their varying needs, as determined in order to be admitted
and to remain in the facility. As used in this chapter, the term, residential care facility for
the elderly, shall also mean a housing arrlUlgernent chosen voluntarily by persons under sixty (
60) years of age, or their authorized representative, with compatible needs who are allowed to
be admitted or retained in a residential care facility for the elderly.J. Residential
development project - means any project undertaken for the purpose of developing real
property with one or more dwelling units involving the issuance of a permit for construction or
expansion under the ordinances of the City of Orange, as the same presently exist or may
be amended from time to time hereafter. The term "residential development project" sha.lI
include a subdivision, apartment houses, donnitory-style housing, fraternity and sorority houses,
room and board facilities and mobile homes, or permits for the erection of manufactured housing
or structures, and stmctures moved into the City of Orange.K. Subdivision -
shall have the meaning given to that term in the Subdivision Map Act (commencing with
California Gove=ent Code Section 66410) and, more specifically, in California Government Code
Section 66424.3.50,030
LibraryFacilities Fees.A. A library
facilities fee is established and imposed on the issuance of all building permits for residential
development projects within the City of Orange to finance the cost of the library facilities and
improvements required by new residential development, which fee shall include an amount
to recover the cost of preparation of the Study to be set as a percentage of the library facilities
fees which are collected pursuant to this chapter.6
B. The City Council shall, by resolution, set forth the specific amount of the library
facJilities fees, list the specific improvements to be financed, and describe the estimated cost of
those facilities.
3.50,040 Imposition of Library Facilities Fees.
A. Any person who, after the effective date of the ordinance codified in this
chapter, seeks to develop land within the City ofOr:mge as a residential development project by
applying for a building permit is required to pay the appropriate library facilities fee established
pursuant to Section 3.50.030 in the manner and amount therein referenced.
B. Notwithstanding anything to the contrary set forth in subparagraph "A", above,
or in any other provision of this chapter, the library facilities fees, as established pursuant to
Section 3.50.030, shall apply to any residential development project which has heretofore
received a tentative map approval or other approval from the City of Orange, where the
approval of the same, assented to by the developer, has been conditioned upon payment of the
fees established as a result of the Study.
3.50.050 Automatic Annual Adjustment,
The library facilities fees imposed by this chapter shall be adjusted automatically on
July 1st of each fiscal year, beginning on July 1, 2004, to reflect the percentage increase or
decrease in (1) construction costs on the basis of a factor recommended by the Director of
Public Works, which factor shall be based upon the Construction Cost Index as published in
Engineering News-Record, or its successor or similar publication, for the twelve month
period ending March 31st of the preceding fiscal year; and (2) book costs on the basis of a
factor recommended by the Director of Library Services, which factor shall be based upon
the hardcover average per-volume price index in the "less than $81" category, as published
in The Bowker Manual, or its successor or similar publication, for the preceding twelve
months. All revisions shall be by a resolution amending the Master Schedule of Fees
and Charges.3.50,060 Increase
by Resolution,Notwithstanding the automatic annual adjustment provided in Section 3.50.
050, the amount of the library facilities fees established pursuant to this chapter may
be more specifically set and revised periodically by resolution of the City Council, with
this chapter being considered as enabling and directive in this regard in accordance with the
notice and public hearing procedures specified in Section 66018 of the Government Code of the
State of California and with available census data, actual or updated construction cost
estimates, and actual or updated costs of library books and reference materials, substantial changes
in the City's General Plan, or other
pertinent
3.50.070 Payment of Library Facilities Fees,
A.The fees established pursuant to this chapter shall be paid as follows:
1)For a residential development project involving the construction of one (1) new
dwelling unit, the fee due therefor shall be due and payable to the City upon the
earlier to occur of final inspection or the issuance of a certificate of occupancy
for the new dwelling unit.
2)For a residential development involving the construction of more than one (1)
new dwelling unit, the fee due and payable for each and all of the dwelling units
shall be due and payable to the City upon the earlier to occur of final inspection
or the issuance of a certificate of occupancy for the first dwelling unit.
B. The timing of payment of the library facilities fees established pursuant to this
chapter shall apply to all residential development projects upon which library facilities fees are
imposed on or after the effective date of this chapter, unless one of the following applies:
1) An earlier or later time for the payment of the fees is stated in a condition of
approval for a particular residential development project because:
a) The library facilities fees are collected for improvements or facilities for
which the City has established an account, appropriated funds, and
adopted a proposed construction schedule or plan; or
b) The library facilities fees are to reimburse the City for expenditures
previously made for a public improvement, service or amenity.
2) The residential development project is subject to a statutory development
agreement (pursuant to Government Code Section 65864) or an agreement
pursuant to Chapter 17.44 of this Code, which provides for the payment and/or
satisfaction of library facilities fees in a maImer different than set forth in this
Section.
C. The City may require the developer of a residential development project, as a
condition to the issuance of a building permit, to execute and deliver to the City a contract,
satisfactory in form and content to the City Attorney and in recordable form, whereby the
developer agrees to pay the library facilities fees within th(: time (or at the times) specified in
subparagraph "A" of this Section 3.50.070, which contract shall comply with the requirements
of subparagraph "(c)" of Section 66007 of the Government Code of the State of California, as
the same presently exists or may hereafter be amended from time to time.
D. The fees created pursuant to this chapter shall be calculated on the basis of
number of lmits, as set forth in the resolution referenced in Section 3.50.030. All fees collected
shall be promptly transferred for deposit in the LibraI)' Facilities Fund referenced in Section
3.50.080.
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3.50,080 Use of Library Facilities Fees.
A. There is hereby established a Library Facilities Fund. Except for that portion of
the: library facilities fees imposed pursuant to Section 3.50.030 to recover the cost of
preparation of the Study, all swns collected pursuant to the provisions of this chapter shall be
deposited into the Library Facilities Fund and, together with any interest income earned
thllreon, shall be used for the purpose of paying (l) the actual or estimated costs of acquiring,
building, improving, expanding, maintaining, and operating public libraries located within the
City of Orange, including but not limited to any required acquisition of land or rights-
of-way therefor, the purchase of print and audiovisual materials, equipment,
furnishings, fixtures,technology and other necessary supplies; or (2) reimbursing the City of Orange
for the development's share of those library facilities already constructed by the City of Orange
or to reimburse the City of Orange for costs advanced with respect to a specific
library facility project. Monies within the Library Facilities Fund may be expended only by
appropriation by the City Council for
specific projects.B. In the event that bonds or similar debt instruments are issued for
the advance provision of library facilities for which library facilities fees may be expended, such
fees may be used to pay debt service on such bonds or similar debt instruments to the extent
that the facilities provided are of the type to which the fees
involved relate.C. Funds may be used to provide refunds as described in Section 3.
50.140.D. No later than six months following the end of each fiscal year, the
City Manager shall prepare a report for the City Council, which shall be made available to
the public,containing the following information for the fiscal year
in question:1) The amount of the library facilities fees on deposit in the Library
Facilities Fund.2) The beginning and ending balance of the Library
Facilities Fund.3) The amount of the fees collected and the interest earned on the
Library
Facilities Fund.4) An identification of each library facility and service improvement
on which library facilities fees were expended and the amount of the expenditures
on each library facility and service improvement, including the total percentage
of the cost of the library facilities and service improvement that was funded
with the library
facilities fees.5) An identification of an approximate date by which the construction
of library facilities will commence if the City Council determines that
sufficient funds have been collected to complete financing on incomplete library
facilities, and the library facilities
remain
6) A description of each inter-fund transfer or loan made from the Library
Facilities Fund, including the library facilities and service improvement on which
the transferred or loaned fees will be expended, and, in the case of an
inter-fund loan, the date on which the loan will be repaid, and the rate of interest
that the Library Facilities Fund will receive on
the loan.7) The amount of refunds made pursuant to subdivision (e) of Section
66001 and any allocations pursuant to subdivision (f) of Section 66001 of
the Government Code of the State of California, as the same presently exists or may
hereafter be amended from time
to time.E. The City Council shall review the report pursuant to this Section 3.50.080
at the next regularly scheduled public meeting not less than tifteen (15) days after this
information is made available to
the public.3.50.
090 Exemptions,A. The following shall be exempted from payment of the library
facilities fees established pursuant to
this chapter:1) Alterations, renovations or expansion of an eXlstmg dwelling unit
where no additional dwelling units are created and the use is
not changed;2) The replacement of a destroyed or partially destroyed or damaged
dwelling unit with a new dwelling
unit; and 3) Residential care facilities for the elderly, residential care
facilities, mental sanitariums, health sanitariums, rest homes or
the like.B. All determinations regarding the exemptions provided m
subparagraph A,above, shall be made by the Director of
Community Development.C. In order to ensure that the imposition of fees pursuant to this chapter will
not be contrary to the public interest, or prevent the development of a public service project,
the City Council may waive all, or any portion of, the fees required by this chapter if the
City Council finds that a residential development project 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 project. Moreover, the City Council may, from time to time, and as the need may
arise, set forth, by resolution, specific limitations, which will apply to waivers of fees which
may be made pursuant to this section. In this regard, this chaptl~r shall be considered
enabling
and
3.50.100 Fee Adjustments,
A. A developer of any residential development project subject to the fees described
in this chapter may apply to the City Council for a reduction, adjustment or waiver of the fees,
based upon the absence of any reasonable relationship or nexus between the impacts of that
residential development project and either the amount of the fees charged or the type of
facilities to be financed. The application shall be made in writing and filed with the City Clerk
not later than (l) ten (l0) days prior to the public hearing on the development permit
application for the residential development project, or (2) ifno development permit is required,
at the time of the filing of the request for a building permit. The application shall state in detail
the factual basis for the claim of waiver, reduction or adjustment. The City Council shall
consider the application at the public hearing on the permit application or at a separate public
hearing held within sixty (60) days after the filing of the fee adjustment application, whichever
is later. The decision of the City Council shall be final. If a reduction, adjustment or waiver is
gratlted, any change in use within the residential development project shall invalidate the
waiver, adjustment or reduction of the fee if such change in use would render the same
inappropriate. The hearing shall be noticed and conducted in the same fashion and marmer as
prescribed by the laws of the City of Orange for hearings on development permits.
B. The City Council may, from time to time, and as the need may arise, set forth,
by resolution, specific limitations which will apply to reductions, adjustments or waivers of
fees which may be made pursmmt to this section. In this regard, this chapter shall be
considered enabling and directory.
3.50.110 Credits.
A. New residential development that, through demolition or conversion, will
eliminate existing residential development is entitled to a fee credit if the existing residential
development is a lawful use under the City of Orange's zoning ordinance, including a legal
nonconforming use.
B. New residential development that will replace residential development that was
partially or totally destroyed by fire, flood, earthquake, mudslide, or other casualty or act of
God, is entitled to a fee credit if the residential development that was partially or totally
desltroyed was a lawful use under the City of Orange's zoning ordinance, including a legal
nonconforming use, at the time thereof.
C. Credit for such eliminated residential development or residential development
that was partially or totally destroyed as above specified shall be calculated by the Director of
Community Development in accordance with the fee schedule set forth in the resolution to be
adopted pursuant to Section 3.50.030 and shall be applied to new residential development on
the same site.
1J
3,50.120
A.
1)
2)
3)
Credit for Library Facilities Provided by Developers.
In-Lieu Fee Credits for Construction of Library
Facilities.A developer required by the City of Orange to construct any library facilities (
or a portion thereof) for which fees are required by this chapter as a condition
of approval of a residential development permit may request an in-lieu credit
of the library facilities fees. Upon request, an in-lieu credit of fees shall
be granted for library facilities that mitigate all or a portion of the need
therefor that is attributable to and reasonably related to the
given residential development.Only costs proportional to the amount of the: library facilities
that mitigates the need therefor attributable to and reasonably related
to the residential development shall be eligible for in-lieu credit, and then only
against the fees to which
the library facilities relate.The library facilities fees required under this chapter shall
be reduced by the actual construction costs of the library facilities that relate
to the library facilities fees, as demonstrated by the applicant and reviewed
and approved by the Director of Community Development, all consistent
with the provisions of subsections (A)(1) and (A)(2), above. Subject to
the applicable provisions of subsection B of this section, if the cost of the library facilities
is greater than the required library facilities fees, this chapter does not create
an obligation on the City of Orange to pay the
applicant the excess amount.B. Development Construction of Library Facilities
Exceeding Needs Related
to Residential Development Project.1) Whenever a developer is required, as a condition of
approval for a residential development permit, to construct any library facilities (or
a portion thereof) for which fees are required by this chapter, which
library facilities are determined by the City of Orange to exceed the need therefor
attributable to and reasonably related to the given residential development
project, a reimbursement agreement with the developer and a credit against the library
facilities fees which would otherwise be charged pursuant to this chapter
on the residential development project, shall be offered. The credit shall be: applied with
respect to that portion of the library facilities which are attributable to and
reasonably related to the need therefor caused by the residential development,
and shall be determined,administered and processed in accordance with and subject
to the provisions of this section. The amount to be reimbursed shaH be that portion of
the cost of the library facilities which exceeds the need therefor
attributable to and reasonably related to the given residential
development. The reimbursement agreement shall contain terms and conditions mutually agreeable to
the developer and the City of Orange, and shall be approved
by
C. Site-Related Improvements. Credit shall not be given for
site-related improvements, including, but not limited to, traffic signals, right-
of-way dedications, or providing paved access to the property, which are specifically
required by the residential development project in order to serve it and do
not constitute library facilities.D. Determination of Credit. The developer seeking
credit and/or reimbursement for construction of improvements or facilities or dedication of
land or rights-of-way, shall submit such documentation,
including, without limitation, engineering drawings, specifications,and construction cost estimates, and utilize such methods
as may be appropriate and acceptable to theDirector of Community Development (or his/her
designee) to support the request for credit or reimbursement. TheDirector of Community
Development (or his/her designee) shall det,ermine credit for construction of library facilities based
upon either these cost estimates or upon alternative engineering criteria and construction
cost estimates if the Director of Community Development (or his/her designee) determines
that such estimates submitted by the developer are either unreliable or inaccurate.
Tht: Director of Community Development (or his/her designee) shall determine whether library
facilities
are eligible for credit or reimbursement.E. Time for Making Claim for Credit. Any claim for
credit must be made no later than the application for a building permit. Any claim not
so made shall be deemed waived.F. Transferability of Credit--
Council Approval. Credits shall not be transferable from one project or development to another
without the approval of the City Council.G. Appeal
of Determinations of Director of Community Development.Determinations made by the Director
of Community Development (or his/her designee)pursuant to the provisions of this chapter may be appealed
to the City Council by filing a written appeal (setting forth in detail the factual
basis therefor) with the City Clerk, together with a fee established by resolution of the City Council
within ten (10) calendar days of the dett~rmination ofthe Director of Community
Development (or his/her designee). The appeal shall be considered by the City Council at a public hearing
to be held, noticed and conducted in accordance with the provisions prescribed in Section 3.
50.100 for public hearings with respect to Dee adjustments. The decision of the City Counci
I on the appeal shall be final.3,50.130
Refund of Library Facilities Fees; Periodic Findings.A. The City shall refund monies
deposited into the Library Facilities Fund subject to the requirements of subsections "(d)" and "(e)" of
Section 66001 of the Government Code of the State of California, as the same presently exists or
may
hereafter be anlended from time to tim'~.B. In the event any library facilities
fees collected pursuant to this chapter remain unexpended, whether committed or uncommitted, for
the fifth fiscal year following the first deposit into the Library Facilities Fund and every
five (5) years thereafter, the City Council
shall
1) Identify the purpose to which the fee is to be put.
2) Demonstrate a reasonable relationship between the fee and the purpose for
which it is charged.
3) Identify all sources and amounts of funding anticipated to complete financing on
incomplete improvements identified in paragraph (2) of subsection (a) of
Section 66001 of the Government Code of the State of California (as the same
presently exists or may hereafter be amended from time to time).
4) Designate the approximate dates on which the funding referred to in the
immediately preceding subparagraph 3 is ,expected to be deposited into the
appropriate account or fund.
The City Council shall make those findings at the same public meeting at which it
reviews the information contained in the annual report pursuant to subsections D and E of
Section 3.50.080, above, following the end of the fifth fiscal year following the first deposit
into the Library Facilities Fund and every five (5) years thereafter. If the findings are not made,
as required by this subparagraph B, the City shall refund the monies in the Library Facilities
Fund as provided in subparagraph C of this Section.
C. When sufficient funds have been collected to complete financing on incomplete
library facilities identified in subsection (D)(6) of Section 3.50.080, and the library facilities
remain incomplete, the City shall identify, within one hundred eighty (180) days of the
determination that sufficient funds have been collected, an approximate date by which the
construction of the library facilities will be commenced, or shall refund to the then current
record owner (or owners) of the dwelling Wlits within the residential development project, as
identified on the last equalized assessment roll, on a prorated basis, the unexpended portion of
the library facilities fee, and any interest accrued thereon. By means consistent with the intent
of this Section, the City may refund unexpended revenues by direct payment, by providing a
temporary suspension of fees, or by any other reasonable ml:,ms.
D. If a building permit expires without commencement of construction, then the fee
payer shall be entitled to a refund, without interest, of the library facilities fees paid as a
condition Ii)r its issuance, except that the City of Orange shall retain one percent (1.00%) of the
fee to offs,:t a portion of the costs of collection and refund. The fee payer must submit an
application for such a refund to the Director of Community Development within thirty (30)
calendar days of the expiration of the permit. Faihue to timely submit the required application
for refund shall constitute a waiver of any right to the refund. All determinations with respect
to said refund applications shall be made by the Director of Community Development.
3,50.140 Controlling State Law.J~
The: provisions of this chapter and any resolution adopted pursuant hereto shall at all
times be subject and subordinate to the provisions of Chapter 5 (commencing with Section
66000), Division 2, of Title 7 of the California Government Code, as the same presently exists
t4
or may hereafter be amended from time to time, to the extent the same are applicable. In the
event of any conflict between the provisions of this chapter and state law, the latter shall
control.
SECTION II:
Should any section, subsection, subparagraph, clause, or provision of this Ordinance for
any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of the remaining portions of this Ordinance; it being
hereby expressly declared that this Ordinance, and each section. subsection, subparagraph,
sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified
irrespective of the fact that anyone or more sections, subsections, subparagraphs, sentences,
clauses or phrases be declared invalid or unconstitutional.
SECTION III:
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the
City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance
shall also be published once within fifteen (15) days after this Ordinance's passage in a
newspaper of general circulation, published, and circulated in the City of Orange. The City
Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted
Ordinance along with the names of those City Council members voting for and against the
Ordinance in accordance with Government Code Section 36933. This Ordinance shall take
e[f(,ct sixty (60) days from and after the date of its final passage.
ADOPTED this 27th day of May, 2003
j {!>>l I
Murphy, Mayor,
ATTEST:
j'~
A~~fd-/!/Q<AA;;t-Cassandra
J. Cat , City Clerk, City of Orange 15
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, Cassandra J. Cathcart, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Ordinance was introduced at the regular meeting of the City Council held on
the 13th day of May, 2003, and thereafter at a regular meeting of said City Council
duly held OIl the 27th day of May, 2003, was duly passed and adopted by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Alvare:z ,Murphy, Coontz, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
J4<1"~A~t1d(!~~-/ A~~Cassandra
J. Cath , City Clerk, City of Orange t6