ORD 02-20 OMC Ch 3.13 Development Categories RE Police Facility Development FeesORDINANCE NO. 02-20
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER
3.13 OF THE ORANGE MUPRCIPAL CODE TO
UPDATE THE DEVELOPMENT CATEGORIES
SUBJECT TO POLICE FACILITY
DEVELOPMENT FEES AND MODIFY THE
MINIMUM VALUE OF CONSTRUCTION AND
YEARLY ADJUSTMENT METHOD FOR POLICE
FACILITY DEVELOPMENT FEES.
APPLICANT: CITY OF ORANGE
WHEREAS, the Mitigation Fee Act requires that Police Facility Development fees
assessed on new development projects in the City are proportionate to the burden on police
facilities necessary to serve them and bear a rational relationship to the reasonable cost of
providing police facilities occasioned by the new development; and
WHEREAS, the categories of development and minimum construction valuation subject
to Police FaciliTy Development fees were last updated in 1989 and the fees were last updated by
the City Council in 1991; and
WHEREAS, the City commissioned a comprehensive study of its development impact
fees for police facilities that established the level of fees reasonably needed to provide police
facilities as required by new development.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I:
Chapter 3.13, "Police Facility Development Fee,"of the Orange Municipal Code is hereby
amended in its entirety to read as follows:
3.13.010 -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 Califomia, 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 prefened methods of ensuring
that development beazs 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 police facilities,
infrastructure and services, necessitating the acquisition of land and construction of
police facilities and expansion of services and infrastructure in order to meet and
accommodate new development projects.
D. New development projects within the City should beaz a proportionate financial burden
in the construction and improvement of police facilities necessary to serve them.
E. The cost of providing police 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 police 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
police 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 police facilities occasioned by new development projects
within the City.
I.The fees established under this chapter are consistent with the goals and objectives of the
CiTy's general plan and aze designed to mitigate the impacts caused by new development
throughout the City. Development impact fees are necessazy in order to help finance the
required police facilities and to pay for new developmenYs fair shaze of the cost thereof.
J.Imposition of fees to finance police facilities required by new development is necessary
in order to avoid adversely impacting existing police facilities.
3.12.020—Police Facility Development Fee
A. The City Council shall, by resolution, set forth the specific amount of the police facility
development fee, which fee shall include an amount to recover the cost of preparation of
the study and administrative overhead costs,to be set as a percentage of the police facility
development fees which aze collected pursuant to this chapter.
B. The police facility development fee required by this chapter shall be due upon the
following:
Ordinance No. 02-20 2
1.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 chazged 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 boazd 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
appear in any CUP issued for such a facility.
3.13.030 -Building Permits and Conditional Use Permits Requiring Payment of Fees.
The payment of a police facility development fee, 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 azea.
B. The estimated cost of the proposed construction or improvement, as determined by the
Building Official will exceed fifreen thousand dollars ($15,000.00). For purpose of this
section, the valuation per squaze foot shall not exceed that listed in the latest edition of
the International Code Council (ICC) Building Valuation Data information sheet, or
equivalent.
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 pazcels in any single-family R-1 District.
Ordinance No. 02-20 3
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 par[ of any other structure or used or intended for
supporting or sheltering any use of occupancy other than pazking 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 adminish ative 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 entiUed "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 —Automatic Annual Adjustment.
The police facility development fees 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-U)(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 nearest dollaz for"per uniY'fees and to the neazest one tenth of a cent
for "per square fooY' fees. The police facility development fees will be reviewed on an annual
basis to determine if development and the corresponding police facility improvements aze
proceeding as projected.
3.13.070 -Amendment by Resolution.
The fees referred to in Sections 3.13.020 and 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.
3.13.080 - Controlling State Law.
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
or may hereafter be amended from time to time, to the extent the same aze applicable. In the
event of any conflict between the provisions of this chapter and state law,the latter shall control.
Ordinance No. 02-20 4
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 declazed 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 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 Government Code Section 36933.
ADOPTED this l lth day of February 2020.
Mazk A. Murphy, Mayor, City of a ge
ATTEST:
i 0 , A'h./2-r
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, Califomia, do hereby cer[ify
that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the
14th day of January 2020, and thereafter at the regulaz meeting of said City Council duly held on
the l lth day of February 2020, was duly passed and adopted by the following vote,to wit:
AYES:COiJNCILMEMBERS: Alvarez, Murphy,Nichols, Monaco
NOES:COiJNCILMEMBERS: None
ABSENT: COiJNCILMEMBERS: None
ABSTAIN: COiJNCILMEMBERS: None
i ne 4
Pamela Coleman, City Clerk, City oF Orange
Ordinance No. 02-20 5