ORD 01-20 OMC Development Categories RE Fire Protection Facilities Program FeesORDINANCE NO. O1-20
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER
1538 OF THE ORANGE MUNICIPAL CODE TO
UPDATE THE DEVELOPMENT CATEGORIES
SUBJECT TO FIRE PROTECTION FACILITIES
PROGRAM FEES AND MODIFY THE MINIMUM
VALUE OF CONSTRUCTION AND YEARLY
ADNSTMENT METHOD FOR FIRE
PROTECTION FACILITIES PROGRAM FEES.
APPLICANT: CITY OF ORANGE
WHEREAS, the Mitigation Fee Act requires that Fire Protection Facilities Program fees
assessed on new development projects in the City are proportionate to the burden on fire protection
facilities necessary to serve them and bear a rational relationship to the reasonable cost of
providing fire protection facilities occasioned by the new development; and
WHEREAS, the minimum construction valuation generating Fire Protection Facilities
Program fees was last updated in 1989 and the fees were last updated by the City in 2007; and
WHEREAS, the City commissioned a comprehensive study of its development impact
fees for fire facilities that established the level of fees reasonably needed to provide fire facilities
as required by new development.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOE5
HEREBY ORDAIN AS FOLLOWS:
SECTION I:
Chapter 1538, "Fire Protection Facilities Program," of the Orange Municipal Code is
hereby amended in its entirety to read as follows:
15.38.010 -Findings and Purpose.
The City Council of the City of Orange finds and declazes that all recitals set forth in the
preamble of the ordinance codified in this chapter aze 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 declaze 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 shaze of the cost of public facilities and services
necessary 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 development projects within the City will result in
additional growth and that such growth will place additional burdens on fire protection
facilities, infrastructure and services, necessitating the acquisition of land and
construction of fire protection facilities and expansion of services and infrastructure in
order to meet and accommodate new residential development projects.
D. New development projects within the CiTy should beaz a proportionate financial burden
in the construction and improvement of fire protection facilities necessary to serve them.
E. The cost of providing fire protection facilities occasioned by new development projects
within the City exceeds the revenue generated by fees exacted from the development
projects.
F. In adopting fees authorized by this chapter, the City shall establish the fees based upon
the costs generated through the need for new fire protection facilities and other capital
acquisition costs required, incrementally, by new development within the City.
G. The fees established under this chapter shall not exceed the reasonable cost of providing
fire protection facilities occasioned by new development projects within the City.
H. The fees established under this chapter shall beaz a rational relationship to the
reasonable cost of providing fire protection facilities occasioned by new development
projects within the City.
I.The fees established by this chapter shall be consistent with the goals and objectives of
the City's general plan and are designed to mitigate the impacts caused by new
development throughout the City. Development impact fees aze necessary in order to
help finance the required fire protection facilities and to insure that new development
pays a fair of the cost thereof.
J.Imposition of fees to finance fire protection facilities required by new development is
necessary in order to avoid adversely impacting existing fire protection facilities.
15.38.020 —Fire Protection Facility Program Fee
A. The City Council shall,by resolution, set forth the specific amount of the fire protection
facilities fee, which fee shall include an amount to recover the cost of prepazation of the
study and administrative overhead costs, to be set as a percentage of the fire protection
facility program fees which aze collected pursuant to this chapter.
B. The fire protection facilities fee required by this chapter shall be due upon the following:
Ordinance No. O1-20 2
I. All Nonresidential Development. As a condition precedent to the issuance of a
building permit.
2.Residential Development. On the date of final inspection or certificate of
occupancy for each unit, whichever occurs first. The rate at which the fee shall
be charged for residential development shall be based upon the rate that was in
place at the time a building permit was issued for each unit.
a.Residential developmenY'means any project undertaken for the purpose
of developing real property with one or more dwelling units, including a
subdivision, apartment houses, dormitory-style housing, fraterniTy and
sorority houses, room and board facilities, mobile homes, manufactured
housing or structures, and structures moved into the City.
b. "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.
3.Hospitals and Other Health Facilities Issued Building Permits by the State.
As a condition precedent to approval of a grading plan,which requirement
shall appeaz in any CUP issued for such a facility.
15.38.030 -Building Permits and Conditional Use Permits Requiring Payment of Fees
The payment of a fee for the fire protection facilities program, including an
administrative fee to offset the operational oversight and administration of the impact fee
program, shall be required when the application indicates the following:
A. A construction or improvement project 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 fifteen thousand dollars ($15,000.00). For purpose of this
section, the valuation per square foot shall not exceed that listed in the latest edition of
the International Code Council (ICC) Building Valuation Data information sheet, or
equivalent.
15.38.040 -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 pazcels in any Single-Family R-1 District.
Ordinance No. 01-20 3
B. Tenant and owner improvements and maintenance work which will not increase the
floor azea 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 pazking gazages 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 purposes stated in Section 1538A10.
15.38.060—Automatic Annual Adjustment.
The fire protection facilities program fee shall be adjusted on the first day of July of each
year to reflect the percentage of increase or decrease in the Consumer Price Index for All Urban
Consumers(CPI-i (Los Angeles-Long Beach-Anaheim;all items,not seasonally adjusted; 1982-
1984=100 reference base) for the timeframe since the most recent increase. The adjusted fee, if
any, shall be rounded to the neazest dollaz for"per uniY'fees and to the neazest one tenth of a cent
for "per square fooP' fees. The fire protection facilities program fee will be reviewed on an
annual basis to determine if development and the corresponding fire protection facility
improvements aze proceeding as projected.
15.38.070 -Amendment by Resolution.
The boundaries of any Fire Protection Facilities Program Area and the fees refened to
in Sections 1538.020 and 1538.060 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:
Should any section, subsection, 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
declazed that this Ordinance, and each section, subsection, sentence, clause and phrase hereof
would have been prepazed,proposed, approved and ratified inespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION III:
Ordinance No. O1-20 4
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 fifteen(15) 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 fifreen (15) days after its passage in a newspaper of general circulation
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 the adopted Ordinance along with the names of those City Council members voting
for and against the Ordinance in accordance with Govemment Code Section 36933.
ADOPTED this l lth day of February 2020.
Mazk A. Murphy, Mayor, City •ange
ATTEST:
Jn p fh n./l ,
Pamela Coleman, City Clerk, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I, PAMELA COLEMAN, 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
14th day of Januazy 2020, and thereafter at the regulaz meeting of said CiTy Council duly held on
the l lth day of Februuy 2020, was duly passed and adopted by the following vote, to wit:
AYES:COiJNCILMEMBERS: Alvarez, Murphy, Nichols, Monaco
NOES:COiINCILMEMBERS: None
ABSENT: COiJNCILMEMBERS: None
ABSTAIN: COiJNCILMEMBERS: None
amela Coleman, CiTy Clerk, CiTy o Orange
Ordinance No. 01-20 5