ORD 03-20 OMC Ch 3.50 Development Categories RE Library Facilities FeesORDINANCE NO. 03-20
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER
3.50 OF THE ORANGE MUNICIPAL CODE TO
UPDATE THE DEVELOPMENT CATEGORIES
SUBJECT TO LIBRARY FACILITIES FEES,
IMPOSE LIBRARY FACILITIES FEES ON
COMM RCIAL DEVELOPMENT AND MODIFY
THE YEARLY ADJiJSTMENT METHOD FOR
LIBRARY FACILITIES FEES.
APPLICANT: CITY OF ORANGE
WHEREAS, the Mitigation Fee Act requires that Library Facilities fees assessed on new
development projects in the City aze proportionate to the burden on library facilities necessary to
serve them and bear a rational relationship to the reasonable cost of providing library facilities
occasioned by the new development; and
WHEREAS,the Library Facilities fees were last updated by the City in 2003; and
WHEREAS, the City commissioned a comprehensive study of its development impact
fees for library facilities that evaluated the impact on library services by commercial as well as
residential development and established the level of fees reasonably needed to provide library
facilities as required by new development.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I:
Chapter 3.50, "Library Facilities Fees," of the Orange Municipal Code is hereby amended
in its entirety to read as follows:
3.50.010 -Findings and Purpase.
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 fiu-ther find
and declare as follows:
A. The State of California, through the enactment of Section 66000 et seq. of the
Govemment 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 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 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 development projects.
D. New development projects should beaz a proportionate financial burden in the
construction and improvement of library facilities necessary to serve them.
E. The cost of providing library facilities occasioned by new development projects 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 library facilities and other capital
acquisition costs required, incrementally, by new development.
G. The fees established by this chapter shall not exceed the reasonable cost of providing
library facilities occasioned by new development projects.
H. The fees established by this chapter shall beaz a rational relationship to the reasonable
cost of providing library facilities occasioned by new development projects.
I.The fees established by 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 aze necessary in order to help finance the
required library facilities and to pay for new development's fair shaze of their costs.
J.Imposition of fees to finance library facilities required by new development is necessary
in order to avoid adversely impacting existing library facilities and services.
3.50.020 -Definitions.
For purposes of this chapter, unless otherwise appazent from the context, the following
terms, phrases, words and their derivations shall have the following meanings:
A. BUILDING PERMIT means any permits required for construction, such as electrical and
plumbing permits, 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 development project, including the holder of an option or contract
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to purchase or other persons having an enforceable proprietary interest in such land,who
is legally responsible for payment of a library facilities fee by 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 LTNIT shall have the meaning given 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. LIBRARY FACILITIES FEE means a monetary exaction, other than a tas or special
assessment, which is established by the City Council under this chapter and is charged
by the City to an applicant in connection with approval of a development project for the
purpose of defraying all or a portion of the cost of library facilities related to the
development project, but does not include fees for processing applications for
govemmental 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 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.
I.RESIDENTIAL CARE FACILITY FOR THE ELDERLY means a housing arrangement
chosen voluntazily by persons sixty (60) yeazs of age or over, or their authorized
representative, where varying levels and intensities of caze and supervision, protective
supervision, personal caze, or health-related services aze 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 caze facility for the elderly, shall also mean a
housing arrangement chosen voluntarily by persons under sixty(60)years of age, or their
authorized representative, with compatible needs who aze 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 . The term "residential development
project" shall include a subdivision, condominiums, apartment houses, dormitory-style
housing, fraternity and sorority houses, room and boazd facilities and mobile homes,
permits for the erection of manufactured housing or structures, and structures moved into
the City.
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K. SUBDIVISION shall have the meaning given to that term in the Subdivision Map Act
commencing with California Government Code Section 66410) and, more specifically,
in California Govemment Code Section 66424.
3.50.030 -Library Facilities Fees.
A. A library facilities fee is established to finance the cost of library facilities and
improvements required by new development, 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 library facilities fees which aze collected pursuant to this chapter.
B. The City Council shall,by resolution,set forth the specific amount of the library facilities
fees.
C. The fees established by this chapter shall be calculated on the basis of number of units
for residential and square footage for nonresidential, as set forth in the resolution
referenced herein.
3.50.040 -Payment of Library Facilities Fees.
The payment of a library facilities fee shall be due upon the following:
A. All Nonresidential Development. Prior to the issuance of a building permit.
B. Residential Development. The date of final inspection or cer[ificate of occupancy for
each unit, whichever occurs first.The rate at which the fee shall be charged shall be based
upon the rate that was in place at the time a building permit was issued for each unit.
C. Notwithstanding anything to the contrary set forth in Subsection A and B, above, or in
any other provision of this chapter, the library facilities fees shall apply to any
development project which has heretofore received a tentative map approval or other
approval from the City, 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
performed by the City.
D. The timing of payment of the library facilities fees shall apply to all development projects
upon which library facilities fees aze imposed on or after the effective date of this chapter,
unless one of the following applies:
1. An eazlier or later time for the payment of the fees is stated in a condition of
approval for a particulaz development project because:
a.The 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
Ordinance No. 03-20 4
b. The fees aze to reimburse the City for expenditures previously made for a
public improvement, service or amenity.
2.The 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 manner different than set forth in this section.
E. The City may require the developer of a residential development, as a condition to the
issuance of a building permit,to execute and deliver to the City a contract, in recordable
form, whereby the developer agrees to pay the library facilities fee within the time (or
at the times) specified in Subsection A of this Section 3.50.040, which contract shall
comply with the requirements of Subsection (c) of Section 66007 of the Government
Code of the State of California and shall be satisfactory in form and content to the City
Attorney.
3.50.050 -Automatic Annual Adjustment.
The librazy facilities fee shall be adjusted on the first day of July of each yeaz 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 dollar for "per uniY' fees and to the neazest one tenth of a cent for "per
squaze fooP' fees. The library facilities fee will be reviewed on an annual basis to determine if
development and the corresponding library facilities improvements are proceeding as projected.
3.50.060 -Amendment by Resolution.
The fees referred to in Sections 3.50.030 and 3.50.050 may be revised, deleted, or
otherwise amended by resolution of the City Council.
3.50.070 - Disposition of Library Facilities Fees—Fund Created.
All fees collected under this chapter shall be promptly transferred for deposit into a
special fund of the City entitled "library facilities fund." The fund shall be used only for the
purposes stated in Section 3.50.010
3.50.080 -Exemptions.
A. The following shall be exempted from payment of the library facilities fees established
by this chapter:
1.Alterations, renovations or expansion of an existing dwelling unit where no
additional dwelling units aze created and the use is not changed;
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2. Alterations or renovations of an existing commercial structure where no
additional square footage is created and the use is not changed;
3. The replacement of a destroyed or partially destroyed or damaged structure with
a new structure, where no additional squaze footage is added; and
4.Residential caze facilities for the elderly, residential caze facilities, mental
sanitaziums, health sanitaziums, rest homes or the like.
B. All determinations regazding the exemptions provided in Subsection A, above, shall be
made by the Director of Communiry 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 development project will serve a public purpose or satisfy a public
need and is located within a special district, or involves direct City participation in the
development project. Moreover,the City Council may,from time to time, and as the need
may azise, 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 chapter shall be
considered enabling and directory.
3.50.090 -Fee Adjustment Applications.
A. A developer of any development project subject to the fees described in this chapter may
apply to the City Council for a reduction, adjushnent or waiver of the fees, based upon
the absence of any reasonable relationship or nexus between the impacts of that
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 (1) ten days prior to the public hearing on the development permit application
for the development project, or (2) if no 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 sepazate
public hearing held within sixty (60) days after the filing of the fee adjushnent
application, whichever is later. The decision of the City Council shall be Final. If a
reduction, adjustment or waiver is granted, any change in use within the 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 manner as prescribed by the laws of the City for hearings on
development permits.
B. The City Council may, from time to time, and as the need may azise, set forth, by
resolution, specific limitations which will apply to reductions, adjustments or waivers of
fees wluch may be made pursuant to this section. In this regard, this chapter shall be
considered enabling and directory.
Ordinance No. 03-20 6
3.50.100 - Credits.
A. New development that, through demolition or conversion, will eliminate existing
development is entitled to a fee credit if the existing development is a lawful use under
the City's zoning ordinance, including a legal nonconforming use.
B. New development that will replace 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 development that was partially or totally destroyed was a lawful use under
the City's zoning ordinance, including a legal nonconforming use, at the time thereof.
C. Credit for such eliminated development or 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 development on the same site.
3.50.110 - Credit for Library Facilities Provided by Developers.
A. In-Lieu Fee Credits for Construction of Library Facilities.
1.A developer required by the City to construct any library facilities (or a portion
thereo fl for which fees aze required by this chapter as a condition of approval of
a 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 development.
2.Only costs proportional to the amount of the library facilities that mitigate the
need therefor attributable to and reasonably related to the development shall be
eligible for in-lieu credit, and then only against the fees to which the library
facilities relate.
3.The library facilities fees required by 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 to pay the
applicant the excess amount.
B. Development Construction of Library Facilities Exceeding Needs Related to
Development Project.
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1.Whenever a developer is required, as a condition of approval for a development
permit, to construct any library facilities (or a portion thereo for which fees are
required by this chapter, which library facilities are determined by the City to
exceed the need therefor attributable to and reasonably related to the given
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 development project, shall be offered. The credit shall be
applied with respect to that portion of the library facilities which aze attributable
to and reasonably related to the need therefor caused by the development, and
shall be determined, administered and processed in accordance with and subject
to the provisions ofthis section.The amount to be reimbursed shall be that portion
of the cost of the library facilities which exceeds the need therefor attributable to
and reasonably related to the given development. The reimbursement agreement
shall contain terms and conditions mutually agreeable to the developer and the
CiTy, and shall be approved by the City Council.
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 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 the Director of Community Development (or his/her
designee)to support the request for credit or reimbursement. The Director of Community
Development (or his/her designee) shall determine credit for construction of library
facilities based upon either these cost estimates or upon altemative 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. T'he Director of Community Development (or his/her designee) shall
determine whether library facilities aze 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 calendar days of the
determination of the Director of Community Development (or his/her designee). The
Ordinance No. 03-20 8
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 fee adjustments. The decision of the City Council on the appeal
shall be final.
3.50.120 - 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 ofChapter 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 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, 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 consUtutionaliTy 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 irrespective of the fact that any one or
more sections, subsections, 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 fifteen(15) days prior to the City
Council meeting at which this Ordinance is to be adopted. A summary ofthis Ordinance shall also
be published once within fifteen (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 r ge
ATTEST:
1 (jt fi l Op o.m
Pamela Coleman, City Clerk, City of Orange
Ordinance No. 03-20 9
STATE OF CALIFOI2NIA )
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 regulaz 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: Alvazez,Murphy,Nichols, Monaco
NOES:COLJNCILMEMBERS: None
ABSENT': COiJNCILMEMBERS: None
ABSTAIN: COiTNCILMEMBERS: None
t`2 Ilq/S/-G il a iL.OGl'C l
Pamela Coleman, City Clerk, CiTy of Orange
Ordinance No. 03-20 10