ORD-18-89 ESTABLISHES THE POLICE FACILITY FEEl
ORDINANCE NO. 18-
89 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING TITLE 3 OF
THE ORANGE MUNICIPAL CODE TO ADD
CHAPTER 3.13 ESTABLISHING THE POLICE
FACILITY DEVELOPMENT
FEE.WHEREAS, the City of orange has a responsibility to
provide for adequate and proper facilities and services to meet the
needs of the citizens of Orange, including police facilities
and administrative facilities at City Hall;
and WHEREAS, the city Hall facilities are currently subject
to 100% utilization, allowing no room for expansion of
departments to meet the city's rapidly expanding demand for City
services,including police services;
and WHEREAS, in order to provide such facilities, a new
main Police Facility of approximately 58,600 square feet with
an adjoining parking structure will be constructed on land
already owned by the City, at a projected cost of $14,275,000.
00,including design, construction, furnishings, and computer
and communications systems, and the space currently occupied by
the Orange Police Department in the Civic Center complex will
be remodeled for use by other city departments and for
future expansion of other City departments;
and WHEREAS, the City Council finds that due to the
centralized nature of most police and administrative services the new
Police Facility and the remodeled Civic Center space will be required
to service the needs of all areas of the city including
the currently defined Sphere of Influence of the city;
and WHEREAS, the cost of the Police Facility will be financed
by means of Certificates of Participation issued by
the Redevelopment Agency of the City of Orange (the "Agency"),
which will be repaid by means of lease payments made by the City to
the Agency, which Certificates of Participation will require
payment of projected interest and other costs of $17,423,063.00;
and WHEREAS, the analysis prepared by staff sets forth
the relationship between new development, the needed Police
Facility and Civic Center remodeling, and the estimated costs of
those improvements, and was prepared under the direction of the
City Manager, and is set forth in his report dated July 25, 1989;
and WHEREAS, the city Manager's Report was available for
public inspection and review fourteen (14) days prior to this
public hearing;
and
WHEREAS, the City Council further finds as follows:
A) The purpose of this fee is to finance that portion of
the new main Police Facility and related remodeling of the civic
Center space to be vacated by the Police Department needed to
mitigate expected impacts caused by new development within the
boundaries of the City of Orange and its Sphere of Influence.
B)
pursuant
the cost
The Police Facility Capital Development Fees collected
to this ordinance shall be used to finance exclusively
of above-referenced
facilities.C) After considering the study and analysis contained
in the City Manager's Report and the testimony received at
this public hearing, the City Council approves said study, and
finds that new development in the City of Orange will
generate additional need for police and administrative services within
the City and physical facilities needed for such services in
the proportions described in the City Manager's
Report.D) There is a need for the described 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, and said facilities have been called for
in or are consistent with the city's General
Plan.E) There is a reasonable relationship between the need
for the described public facilities and the impacts of the types
of development described in section 3.13.060 below, for which
the corresponding fee is charged, and, also there is a
reasonable relationship between the fees' use and the type of
development for which the fee is charged, as those relationships are in
more detail described in the City Manager's
Report.F) The cost estimates set forth in the City Manager'
s Report are reasonable cost estimates for constructing
and financing 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, THE CITY COUNCIL OF THE CITY OF
ORANGE ORDAINS AS
FOLLOWS:section
I:Chapter 3.13 is hereby added to the orange Municipal Code
to read as
follows:CHAPTER 3.
13 POLICE FACILITY DEVELOPMENT
FEE ORD. NO. 18-89 2 -
sections:
3.13.010 - Purpose 3.
13.020 - Fee 3.13.
030 - Building Permits and Conditional Use Permits Requiring Payment of
Fee 3.13.040 -
Exemptions 3.13.050 - Disposition
of Proceeds - Fund Created 3.13.060 - Fee Rates 3.
13.070 - Amendment by Resolution 3.
13.010 - Purpose. The purpose of the
Police Facility Development Fee is to fund that portion of the
costs of: (a)building and financing the new headquarters building of the
Orange Police Department and (b) remodeling space in the
civic Center vacated by the Police Department upon completion of
the new building; which are attributable to new development's
fair share of the total costs for such projects.3.
13.020 - Fee. In addition to any other
charges, there shall be a fee required as a condition precedent to
the issuance of certain building permits and Conditional Use Permits for construction
or improvements or use of the properties lying wholly
or partially within the City of Orange. A Conditional
Use Permit for a hospital or other health facility as set
forth in Orange Municipal Code section 17.92.010 shall require an
obligation to pay the fee as a condition of issuance.
3.13.030 - Buildina Permits and Conditional Use Permits Reauirina
Pavrnent of Fee. The payment of a Police Facility Development
Fee shall be required when the application indicates the following:
A) A construction or improvement project which will result
in an
increase of floor area.B) The estimated cost of
the proposed construction or improvement, as
determined by the Building Official will exceed 10,000.
00. For purpose of this section, the valuation per
square foot shall not exceed that listed in the latest edition
of Buildina Standards Maaazine containing a Building Valuation Data Chart. For projects
which require a City building permit, the fee
shall be paid before the building permit is issued. For
hospitals and other health facility projects which require a conditional Use
Permit, a requirement obligating the applicant to pay the
Police Facility Development Fee before the project's grading
plan is approved shall be imposed as a condition for
issuance of the Conditional Use Permit.3.13.040 - Exemptions. The
following construction and improvements are exempt
from the requirements of this Chapter.A) Building additions
or improvements to single-family residential units and accessory
structures to be constructed on parcels in
any single-Family R-1 District.3 -ORD NO.
18-89
WI
B) Tenant and owner improvements and maintenance work
which will not increase the floor area of existing structures.
C) Replacement of structures in size and function as the
result of fire, earthquake, flood, or other acts of God or of the
public enemy.
D) open parking garages that are not part of any other
structure or used or intended for supporting or sheltering any
use of occupancy other than parking of vehicles.
E) Existing buildings erected prior to the adoption of
this Chapter, or one for which a valid building permit has been
issued, unless the development was previously conditioned to
participate in or pay a fee related to providing police or
administrative facilities or services.
3.13.050 - Disposition of Proceeds - Fund Created. All proceeds from
fees collected under this Chapter shall be paid into a
special fund of the city of Orange entitled "Police Facility Development
Fund", which fund is hereby created. The fund shall
be used only for the purposes stated in section 3.13.
010.3.13.
060 - Fee Rates.following rates unless
and city Council under
section The fee shall
be payable at the until modified by
resolution of the 3.13.070:
New Residential Dwelling
units - $334.48 per unit.New Non Residential Development - $.
20 per square foot of floor space.3.13.070 -
Amendment bv
Resolution. The fee rates which are set forth in section 3.13.
060 of this Chapter and other provisions of this Chapter affecting the
amounts of fees to be paid may be revised, deleted or
otherwise amended by Resolution of the city Council.Section II:
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 the Orange city News, 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. Pursuant to Government Code Section 65962 this Ordinance
shall take effect sixty (60) days from and after
the date of its final passage.i l l I.ORD. NO.
18-
89
4 -
Section III.
If any section, subsection, sentence, clause or phrase of
this Ordinance is for any reason held to be invalid or
unconstitutional, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council
declares that it would have passed this Ordinance, and each
section, subsection, sentence, clause and phrase thereof,
irrespective of the fact that anyone or more sections,
subsections, sentences, clauses or phrases have been declared
invalid or unconstitutional, and if for any reason this Ordinance
shall be declared unvalid or unconstitutional, then the remaining
provision or provisions of the Ordinance shall be in full force
and effect.
ADOPTED this 22nd day of AUGUST 1989.
f
ayor of the city of range
ATTEST:
Ci~thPci~
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARILYN J. JENSEN, 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 ~3tR day of Tl1TV , 1988, and thereafter at the regular
meet1n& of said City Council duly held on the 22nd day
of A GUST , 1989, was duly passed and adopted by the
following vote, to wit:
AYES:COUNCIL MEMBERS: BARRERA, MAYOR SMITH, BEYER, COONTZ
NOES:COUNCIL MEMBERS: NONE
ABSENT:COUNCIL MEMBERS: STEINER
city Clerk f ttVc~ of Oran e
5 -ORD. NO. 18-89