RES-9428 Amending Master Fee Schedule Updated Transportation Systems Improvement Program FeesRESOLUTION NO. 9428
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE UPDATING FEES FOR THE
TRANSPORTATION SYSTEMS IMPROVEMENT
PROGRAM AND AMENDING AND REVISING THE
MASTER SCHEDULE OF FEES AND CHARGES AS
AUTHORIZED BY ORANGE MUNICIPAL CODE
CHAPTER 3.10 PERTAINING TO SAID FEES.
WHEREAS, the City Council ("City Council") of the City of Orange ("City") has
previously adopted Ordinance No. 9-96 amending Chapter15.41 of the Orange MunicipalCodeCode") providing for the establishment and adjustment of certain fees ("TSIP Fees") for building projects, improvements and changes in a structure or facility use on propertieslocatedwithintheboundariesofTransportationSystemsImprovementProgram ("TSIP") areastoimprovethetransportationsystemwithinthoseareas;
and WHEREAS, pursuant to the requirement of Section15.41.070 of the Code,
which provides for the annual review of the TSIP Fees by the City Traffic Engineer andtherecommendationtotheCityCouncilforadjustments, if any, in the amount of the TSIP Fees, the City Council adopted Resolution No. 9134 on July 13, 1999, for the purpose of increasingtheTSIPFeestoreflectconstructioncostincreases;
and WHEREAS, Chapter15.41 of the Code provides for any adjustment in the TSIP FeesbyresolutionoftheCityCouncilinaccordancewiththerequirementsoftheMitigationFee
Act commencing with Section 66000 of the Government Code of the State of California) (
the Act");
and WHEREAS, this City Council has received and duly considered the report of theCityTrafficEngineer, which contains information, documentation and analysis of the TSIP FeesinrelationtoincreasesinconstructioncostsbasedonthePriceIndexforSelectedHighwayConstructionItemspreparedbytheCaliforniaDepartmentofTransportation, and
includes information relating to (a) the purpose of the TSIP Fees; (b) the use to which the TSIP Fees
are to be put; (c) the reasonable relationship between the use of the TSIP Fees and the type
of projects on which the TSIP Fees were to be posted; (d) the reasonable relationship between
the need for the improvements and facilities to be funded with TSIP Fees and the type of projectsonwhichtheTSIPFeesaretobeimposed; and; (e) the reasonable relationship between the
amount of the TSIP Fees and the cost of the improvements and facilities or portion of theimprovementsandfacilitiesattributabletotheprojectsonwhichtheTSIPFeesaretobeimposed;
and
WHEREAS, the California Department of Transportation has determined that highway
construction costs have increased 13.69% for the two year period ending December 31, 2000;
and
WHEREAS, the City Traffic Engineer recommends that the TSIP fees be updated to
reflect construction cost increases; and ~
WHEREAS, the TSIP Fees collected under and pursuant to this Resolution and Chapter
15.41 of the Code shall be used to finance the improvements and facilities previously identified
and adopted by the City Council under the Transportation System Improvement Program; and
WHEREAS, after consideration of the report of the City Traffic Engineer, this City
Council believes that (a) there is a reasonable relationship between the use of the TSIP Fees and
the type of projects on which the TSIP Fees are to be imposed; (b) there is a reasonable
relationship between the need for the TSIP to be funded with TSIP Fees and the type of projects
on which the TSIP Fees are to be imposed; (c) there is a reasonable relationship between the
amount of the TSIP Fees and the cost of the TSIP or portion of the TSIP attributable to the
projects on which the TSIP Fees are to be imposed; and (d) the adjustment and imposition of the
TSIP Fees pursuant to this Resolution and Section 15.41.070 of the Code is in the best interests
of the City and the health, safety, morals and welfare of its residents, and in accord with the
public purposes and provisions of applicable State and local law and requirements; and
WHEREAS, the report of the City Traffic Engineer was made available to the public as
required by law before this City Council considered it at a regularly scheduled public meeting,
and
WHEREAS, all required notices of the proposed adjustment and imposition of the TSIP
Fees have been given; and
WHEREAS, after publication of notice, as required by law, a public hearing has been
duly held by the City Council in accordance with he Act on the proposed adjustment and
imposition of the TSIP Fees; and
WHEREAS, the proposed establishment and imposition of the TSIP Fees is statutorily
exempt from the provisions of the California Environmental Quality Act ("CEQA") in
accordance with Section 15273 ofthe State CEQA Guidelines; and
WHEREAS, on June 29,1993, and pursuant to Chapter 3.10 of the Orange Municipal
Code, the City Council adopted Resolution No. 8196 which revised the City's Master Schedule
of Fees and Charges, which has been amended from time to time since then by the City Council;
and
WHEREAS, the City Council has determined that the Master Schedule of Fees and
Charges should again be amended to provide for the TSIP Fees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
as follows:
Reso. No. 9428
Page 2
1. The foregoing recitals are true and correct.
2. That the City Council accepts and adopts the report prepared by the City Traffic
Engineer in the form presented at the meeting at which this Resolution is adopted.
3. That the City Council finds that the purpose of the TSIP Fees is to partially fund
the improvements to the transportation system within the TSIP areas to partially offset the impact
and burden that projects will impose on the TSIP areas and their surrounds.
4. That the City Council finds that there is a roughly proportional, reasonable
relationship between the use of the TSIP Fees and improvements and facilities within the TSIP
areas because the TSIP Fees imposed on projects by this Resolution will be used to fund
improvements and facilities which will be used to partially offset the impact and burden that
projects will impose within the TSIP areas.
5. That the City Council finds that there is a roughly proportional, reasonable
relationship between the projects upon which the TSIP Fees are imposed and the need for the
improvements and facilities of the TSIP because projects will impose an impact and burden
within the TSIP areas that cannot be mitigated entirely by developers of projects.
6. That the City Council finds that the amount of the TSIP Fees levied on projects,
as set forth in this Resolution, is roughly proportional and reasonably related to, and does not
exceed the cost of, providing the improvements and facilities required to serve the projects
within the TSIP areas.
7. That the City Council finds that a separate account has been established for the
deposit of TSIP Fees imposed on projects and that said account has and will at all times be
separately maintained from other funds of the City.
8. That the City Council finds that the funds of the account, described in Section 7,
consisting of the proceeds of TSIP Fees, shall be administered, used and expended exclusively
for the program. The TSIP Fees may also be expended by the City for the costs of performing
any study or otherwise making the finding and determinations required under subdivisions (a),
b), and (d) of Section 66001 of the Government Code.
9. That the City Council hereby establishes the TSIP Fees as a condition of approval
of projects and imposes the TSIP Fees on such projects in the amounts more particularly
described in the Amendment to Master Schedule of Fees and Charges attached hereto and
incorporated herein by this reference.
10. That the proceeds of the TSIP Fees established pursuant to this Resolution shall
be deposited into that account identified in Section 7 of this Resolution, the proceeds of which
shall be used exclusively for the purpose for which the TSIP Fees are to be collected, including
accomplishing any study, findings or determinations required by subdivisions (a), (b) and (4) of
Section 66001 of the Government Code.
Reso. No. 9428
Page 3
11. Resolution No. 9134, adopted on July 13, 1999, is hereby amended and the
attachment entitled Amendment to Master Schedule of Fees and Charges in the form presented at
this meeting is hereby adopted, modifying Resolution No. 9134 to provide for the addition of
those certain fees more particularly described in the attached Amendment to Master Schedule of
Fees and Charges.
12. The City Council finds that the fees and charges set forth in the attached
Amendment to Master Schedule of Fees and Charges do not exceed the reasonable costs of
providing the respective goods, facilities and/or services pertaining to each fee and charge.
13. The fees, charges, and rates listed in the attached Master Schedule of Fees and
Charges shall be effective as of the 61" day after the date of adoption of this Resolution.
14. If any fee, charge or rate set forth in this Resolution or the application thereof to
any person or circumstance is held to be unconstitutional or otherwise invalid by any court of
competent jurisdiction, such invalidity shall not affect any other fee, charge or rate, or
application thereof, which can be implemented without the invalid fee, charge or rate, or
application thereof, and to this end the fees, charges and rates of this Resolution are declared to
be severable.
ADOPTED this 24th day of July, 2001.
fA:J t:-!)t(A.
Murphy, M fthe City of Orange ATTEST:
c1w~
4~~~CassandraJ. Cathc , City Clerk of the City of Orange I
hereby certify that the foregoing Resolution was duly and regularly adopted by the
City Council ofthe City of Orange at a regular meeting thereof held on the 24th day of July,2001,
by the following vote:AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
SLATER, ALVAREZ, MAYOR MURPHY, COONTZ, CAVECCHE COUNCILMEMBERS:
NONE COUNCILMENBERS:
NONE COUNCILMEMBERS:
NONE dt~~
fOrnng,Reso.
No. 9428 Page
4
AMENDMENT TO MASTER SCHEDULE OF FEES AND CHARGES
1. Transportation Systems Improvement Program Area "A": Area "A" includes
generally that portion of the City of Orange adjacent to LaVeta Avenue, Main Street and Town
Country Road. Area "A" also includes an adjacent portion of the City of Santa Ana. A map
setting forth the specific boundaries of TSIP Area "A" is on file in the office of the Traffic
Engineer. The fee categories for TSIP Area "A" are as follows:
1. Non-
residential 2.
Residential6.35/sq.
ft.642/
unit 2. Transportation Systems Improvement Program Area "B": Area "B" includes
that portion of the City of Orange westerly of the Costa Mesa (Route 55) Freeway,
excepting therefrom any part of Area "A". Except for the special uses and atypical uses more
particularly described in Paragraphs 4 and 5, below, the fee categories for TSIP Area "B" are as
follows:I. General & Medical
Office 2.
Commercial 3.
Educational 4. General
Industrial 5. Warehousing/
Storage 6.
Residential 3.80/sq.
ft.4.20/sq.
ft.2.40/sq.
ft.1.80/sq.
ft.0.80/sq.
ft.642/
unit 3. Transportation Systems Improvement Program Area "C": Area "C" includes
that portion ofthe City of Orange easterly of the Costa Mesa (Route 55) Freeway, including the 7,
500 acre General Plan Amendment Area encompassed by the City of Orange and Irvine
Company Annexation Agreement. Except for the special uses and atypical uses more
particularly described in Paragraphs 4 and 5, below, the fee categories for TSIP Area "C" are as
follows:1. General
Office 2. Medical
Office 3.
Commercial 4.
Educational 5. General
Industrial 6. Warehousing/
Storage 7.
Residential 1.1 O/sq.
ft.2.60/sq.
ft.2.15/sq.
ft.0.65/sq.
ft.0.50/sq.
ft.0.15/sq.
ft.538/
unit Reso. No.
9428 Page
4. Special Provisions and Fees: Pursuant to Section 15.41.080 of the Orange MunicipalCode, the City has identified certain uses that are unique and of such special form as to make
impractical or inequitable their inclusion into any general land use category for TSIP Areas "B"
and "C". The fees for these special uses are as follows:
Convalescent/Nursing Home/HalfWay House
General Hospital
HotellMotel
Church/Synagogue
Congregate Care/Retirement
Dormitory
Corporate Office
Furniture Store
AREA"B"
192/bed
3.75/sq.ft.
642/room
3.65/sq.ft.
192/du
160/student
1.80/sq.ft.
1.1 O/sq.ft.
AREA"C"
1 58/bed
1.1 O/sq.ft.
526/room
0.80/sq.ft.
158/du
133/student
0.50/sq.ft.
0.30/sq.ft.
5. Atypical Uses: Pursuant to Chapter 15.41 of the Orange Municipal Code, certain
projects, facilities or uses have been identified as being atypical, having a disproportionate floor
area square footage compared to trip ends generated and making the inclusion of such uses
within the land use categories of TSIP Area "B" and "C" impractical or inequitable. For such
atypical uses, the fees, as determined by the City Traffic Engineer, are as follows:
Area "B"
Area "e"
All Uses
All Uses
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