ORD-47-88 AMENDING TITLE 15 OF THE OMC TO ADD CHAPTER 15.38 ESTABLISHING THE FIRE PROTECTION FACILITIES PROGRAM WITH APPROPRAITE FEE RATE REQUIREMENTSJI
ORDINANCE NO. 47-
88 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING TITLE 15 OF
THE ORANGE MUNICIPAL CODE TO ADD
CHAPTER 15.38 ESTABLISHING THE FIRE
PROTECTION FACILITIES PROGRAM WITH APPROPRIATE
FEE RATE
REQUIREMENTS.WHEREAS, the City Council has determined to establish a
Fire Protection Facilities Program with appropriate fee rate
require-ments after careful review with City staff and Planning
commission and after a dUly-noticed public
hearing; and WHEREAS, the purpose of the Program is to improve
or provide fire protection services to those Program Areas of the
City where the fire protection services may experience a
significant reduction unless corrective measures are instituted concurrent
with the increased demands for fire
protection; and WHEREAS, fees will be collected from new building
projects and certain property improvements in a Project Area to
provide funding for the acquisition, maintenance and improvement of
fire protection services in that Program Area or in another Program Area
when the Council determines these improvements will
substantially benefit the Program Area where the fee was
collected; and WHEREAS, the payment of the required fee will be
a condition precedent to the issuance of certain building permits
and Condi-tional Use
Permits; and WHEREAS, the fee rate may be different in each
Program Area depending upon the anticipated demands for
additional fire
protection services.NOW, THEREFORE, the City Council of the City of
orange ordains
as follows:
Section I:Title 15 of the Orange Municipal Code shall be amended
to add Chapter 15.38 to read
as follows:CHAPTER
15.38 FIRE PROTECTION
FACILITIES PROGRAM 15.38.010 PURPOSE. The purpose of the Fire
Protection Facilities Program is to improve and/or provide fire protection
services to those areas where the fire protection services may
experience a significant reduction in the level of service
unless adequate revenue is available concurrent with increased
fire protection demands. Fees collected for building projects and
improvements on properties in a Fire Protection Facilities Program area
u.__ ____~___ _,,__,_~~_,~~~__,__~~~_____~'_~~_'_'___-
for
the purpose of producing revenue for the acquisition,development,
maintenance and improvement of fire protection services,
in each area and for improvements outside an area when the
City council determines that these improvements will substantially
benefit the fire protection within the area where the fee
was collected.15.
38.020 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 at least partially
within any portion of the City of Orange Designated by the
City council as a Fire Protection Facilities Program Area. A Conditional
Use Permit for a hospital or other health facility as set
forth in Orange Municipal Code section 17.92.010K may require an
obligation to pay the fee as a condition of issuance.When
a property subject to the Fire Protection Facilities Program
fee lies within the boundaries of two Program Areas, a single
fee as described in section 15.38.060 shall be charged and deposited
within the account of each applicable Program Area in proportion
to the property existing in each respective Program Area.
When
a property subject to the Fire Protection Facilities Program
fee lies within the boundaries of two Program Areas and if there
is a difference in the fees as described in section 15.
38.060, the greater single fee shall be charged and apportioned as
hereinabove described.The
Fire Chief may require specific acquisitions, development,maintenance
and improvements be made as an immediate condition of development
or redevelopment of property within a Program Area. In this
event the cost of such acquisitions, upon verification of actual
cost by the Fire Department, shall be credited, on behalf of the
contributing developer, to the Fire Protection Facilities Program
fee as determined in section 18.38.030 and 18.38.060.If
the estimated cost of the specific acquisitions as hereinabove
described exceeds the anticipated Fire Protection Facilities
Program fee, the Fire Chief shall so advise the City Council.
Upon notification, the City Council may authorize supplementary
funding to achieve the work from the program funds,authorize
supplementary funding from other sources, reduce the amount
of the requested acquisitions or take such other action the city
Council may deem appropriate.15.
38.030 Buildina Permits and Conditional Use Permits Reauirina Pavrnent
of Fee. The payment of a fee for the Fire Protection Facilities
Program shall be required when the application indicates the
following:A.
A construction or improvement project which will result in
an increase of floor area when one or more parcels of land lie wholly
or partially within a Fire Protection Facilities Program Area.
ORD.
NO. 47-88 2-
B. The estimated cost of the proposed construction or
improvement, as determined by the Building Official will exceed
10,000. For purpose of this Section, the valuation per square
foot shall not exceed that listed in the latest edition of Buildinq
Standards Maaazine containing a Building Valuation Data Chart. For
projects which require a City building permit, the Fire Protection
Facilities Program 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 Fire Protection Facilities Program fee before
the project's grading plan is approved shall be imposed as a
condition for issuance of the Conditional Use Permit.
15.38.040 Exemptions. The following construction and improve-
ments 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-l District.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 or
improving
fire protection services.15.38.050 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 "Fire
Protection Facilities Program", which fund is hereby created. The fund shall
be used only for the purpose of acquiring, developing,
maintaining and improving City of Orange Fire Protection services, as
approved by
City Council.15.38.060 Boundaries of Fire Protection Facilities
Proaram Areas and Fee Rates. Maps specifically describing the
boundaries of Fire Protection Facilities Program Areas are on file in
the Office of the City Clerk. The special fee required to be paid
in each Fire Protection Facilities Program Area is
as follows:Fire Protection Facilities Proaram Area "A": Base
Fee: Non-Residential Development: $.26 per gross square foot
of building.Residential Development: $468 per
dwelling unit.General Description: All areas within the City of
Orange westerly of Crest Road, Feldner Road, Ash st.; westerly of the
flood control channel from Sycamore to its intersection with Main st.;
Main st.to Collins flood control channel then westerly to the
City limits.3-ORD.
IL...____
Fire Protection Facilities proaram Area "B": Base Fee: Non-
Residential Development: $.10 per gross square foot of building.
Residential Development: $180 per dwelling unit.
General Description: All areas within the city of Orange northerly
of the Collins flood control channel from the western city limits
to Main st.; north of Collins east to the Costa Mesa (Rt. 55)
Freeway.
Fire Protection Facilities proaram Area "C": Base fee: Non-
Residential Development: $.23 per gross square foot of building.
Residential Development: $414 per dwelling unit.
General Description: All areas within the City of Orange easterly
of Meats Ave. and northerly of an eastwest line from Equestrian
Lane at Rancho Santiago Blvd. to the city limits at the western
boundary of Orange Park Acres northerly to Santiago Canyon Road,
including any future annexations north and east of the villa Park
Dam.
Fire Protection Facilities proaram Area "D": Base Fee: Non-
Residential Development: $.22 per gross square foot of building.
Residential Development: $396 per dwelling unit.
General Description: All areas within the City of Orange easterly
of Meads Ave. where it intersects with santiago Canyon Road,
southerly following the easterly boundary of Orange Park Acres to
Chapman Ave., then westerly along Chapman Ave. to Crawford Canyon
Road, then easterly following the southern city limits continuing
northerly following the city limits to its intersection with
Sandberg Lane, then westerly following Sandberg Lane to Santiago
Canyon Road, then westerly along Santiago Canyon Road to its
intersection with Meads Ave., including any future annexations
within the eastern City of Orange sphere of influence easterly to
the proposed Eastern Transportation Corridor alignment, following
the Eastern Transportation Corridor alignment southerly to its
intersection with the Eastern Transportation Corridor Western leg
following the Western leg to the City limits.
Fire Protection Facilities proaram Area "E": Base Fee: Non-
Residential Development: $.074 per gross square foot of building.
Residential Development: $133 per dwelling unit.
General Description: All future annexations within the city of
Orange sphere of influence known as the "East Orange General Plan
Amendment Study Area", consisting of 7,110 acres, that are easterly
of the proposed Eastern Transportation corridor and Eastern
Transporation Corridor Western leg alignments.
Fire Protection Facilities Proaram Area "0": Base Fee: Non-
Residential Development: $.35 per gross square foot of building.
Residential Development: $630 per dwelling unit.
General Description: All areas within the City of Orange including
future annexations that have not been specifically identified as
being within any other Fire Protection Facilities Program Area.
ORD. NO. 47-88
J1n___..__--"--_~_~_____15.38.
070 Adiustment of Fire Protection Facilities Proaram Fees.The Fire
Protection Facilities Program fees shall be adjusted on the first day
of July of each year to reflect the percentage of construction cost
increase or decrease as pUblished by the Enaineerina News
Record Construction Cost Index published on or about the
first day of June each year.The adjusted
fee, if any, shall be rounded to the nearest five cents ($.05)
for non-residential development and one dollar ($1.00)for
each residential dwelling unit.The
Fire Protection Facilities Program Fees will be reviewed on an
annual basis to determine if development and the corresponding fireprotectionimprovementsareproceedingasprojectedandifProgram
Areas need to be redefined, deleted or added. After five years,
if the funds have not been committed or actually spent, and the
City finds that there is not a continuing need for the funds,the
funds will be refunded.15.
38.080 Amendment bv Resolution.The
boundaries of Fire Protection Facilities Program Areas and the
fee rates which are set forth in section 15.38.060 of this Chapter,
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 CouncilmeetingatwhichthisOrdinanceistobeadopted. 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 OrdinancealongwiththenamesofthoseCityCouncilmembersvotingorandagainsttheOrdinanceinaccordancewithGovernmentCodeSection
36933. This Ordinance shall take effect thirty (30) days fromandafterthedateofitsfinalpassage.ADOPTED
this lOth day of January , 1989.Mayor
of the City of Orange ATTEST:
J'
J1,,~ bv City
Cle of Q-
a.-~,~-e~ty of
Orange 5-ORD. NO.
47-88
L-..-..-----___________.__~___~_STATE OF CALIFORNIA )COUNTY OF ORANGE )CITY OFORANGE )
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 27th day of December , 1988, and thereafter at
the regular meeting of said City Council duly held on
the lOth day of Januarv , 1989, was duly passed and adopted by
the following vote, to wit:AYES:COUNCIL MEMBERS: STEINER, BARRERA,
MAYOR SMITH, BEYER, COONTZ
NOES:COUNCIL MEMBERS: NONE ABSENT:COUNCIL MEMBERS: NONE 47t"
A'~~ ~ ~ ~~t";~City Cler
l h it f
Orange ORD. NO.
47-88 6-