5496ORDINANCE NO. 5496
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ADDING CHAPTER 16.40 TO TITLE 16
OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING A
FIRE PROTECTION FACILITIES AND PARAMEDIC
SERVICES IMPACT FEE FOR NEW AND EXPANDED
DEVELOPMENT IN THE ANAHEIM RESORT.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
FOLLOWS:
SECTION 1.
That new Chapter 16.40 be, and the same is hereby added to
Title 16 of Municipal Code to read as follows:
"Chapter 16.40 FIRE PROTECTION FACILITIES AND PARAMEDIC
SERVICES IMPACT FEE.
SECTION 16.40.010 STATEMENT OF PURPOSE
In order to implement the fire protection and paramedic
services mitigation measures identified in
Environmental Impact Report No. 313 for the Anaheim
Resort Specific Plan, certified on September 20, 1994;
the Mitigated Negative Declaration for the Hotel Circle
Specific Plan, approved August 17, 1994; Environmental
Impact Report No. 311 for the Disneyland Resort
Specific Plan, certified June 22, 1993; Section 4 of
The Anaheim Resort Specific Plan; Condition No. 53 of
Ordinance No. 5443 rezoning The Hotel Circle Specific
Plan property to the SP 93-1 Zone; Section 4 of The
Disneyland Resort Specific Plan; the City of Anaheim
General Plan adopted on July 3, 1984, as subsequently
amended from time to time; the Anaheim Resort Area Fire
Fee Study dated December, 1994; and to mitigate the
impacts on fire protection and paramedic services
caused by new commercial/recreation and hotel/motel
developments and/or by additions and expansions to such
existing developments within the Anaheim Resort, the
City Council has determined that a Fire Protection and
Paramedic Services impact fee is needed to finance
modifications to Fire Station No. 6 and to pay for an
additional fire truck and equipment and for paramedic
equipment needed to serve new hotel, motel and
commercial/recreation developments and expansions and
additions to such existing developments. The Anaheim
Resort Fire Protection and Paramedic Services Fee Area
is as specifically shown in attached Exhibit A, which
is by this reference incorporated herein, and is
relatively bounded on the northeast by the Interstate 5
freeway, on the south by Orangewood Avenue, and on the
west by Walnut Street. In establishing the fee
described in the following Sections, the City Council
has found the fee to be consistent with its General
Plan.
SECTION 16.40.020 FIRE PROTECTION AND PARAMEDIC
SERVICES IMPACT FEE FOR ANAHEIM
RESORT
.010 Fire Protection and Paramedic Services Impact
Fee is hereby established, applicable to new
commercial/recreation and hotel/motel development in
the Anaheim Resort and for expansions of and additions
to existing developments ("Fire Protection Fee"). The
City Council shall, by Council resolution, set forth
the specific amount of the fee, describe the benefit
and impact area on which the development fee is
imposed, list the specific public improvements,
facilities and equipment to be financed, describe the
estimated cost of these facilities, describe the
reasonable relationship between the Fire Protection Fee
and the various types of new developments and set forth
time for payment.
.020 Payment of Fee. Except as otherwise provided
in Section 66007 of the Government Code, the Fire
Protection Fee shall be collected prior to approval of
each building permit.
SECTION 16.40.030 REVIEW AND ADJUSTMENT OF FEE
On an annual basis, the City Council shall review the
Fire Protection Fee to determine whether the fee
amounts are reasonably related to the impacts of
developments and whether the described public
improvements, facilities and equipment are still
needed. The City Council may, periodically by
Resolution, adjust the amount of the Fire Protection
Fee established by this Chapter in accordance with 1)
the construction cost index for construction costs in
the Los Angeles area published in the Engineering News -
Record Construction Cost Index and 2) the estimated
changes reflecting amendments or revisions to the
Specific Plans for the Anaheim Resort.
SECTION 16.40.040 EXEMPTIONS.
This Chapter shall not apply to:
.010 Conversion of a building or structure to a
similar or less intensive land use.
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.020 Reconstruction of any building or structure
destroyed by fire or other natural cause, to the extent
the replacement structure does not increase usable
square footage.
.030 That portion of any building or structure
("new structure") which is constructed as a replacement
for a substantially similar use of a building or
structure ("original structure") which existed on the
property within ninety (90) days immediately preceding
commencement of such construction. For purposes of
calculating the fee payable pursuant to this Chapter,
the number of hotel/motel units, or (for a
commercial/recreation development) the square footage,
of the original structure shall be deducted from the
number of hotel/motel units or square footage of the
new structure.
.040 That portion of any building or structure
which is enlarged or expanded and which portion existed
on such property immediately prior to commencement of
such enlargement or expansion, provided the use of such
portion is not otherwise changed. For purposes of
calculating the fee payable pursuant to this Chapter,
the number of hotel/motel units, or (for a
commercial/recreation development) the square footage,
of the original structure shall be deducted from the
number of hotel/motel units or square footage of the
new structure.
SECTION 16.40.050 LIMITED USE OF FEES.
The revenues raised by payment of the Fire Protection
Fee shall be placed in a separate and special account,
and such revenues, along with any interest earnings on
that account, shall be used solely to pay for the
City's future construction of modifications to Fire
Station No. 6 and for acquisition of a new fire truck
and equipment and paramedic equipment or to reimburse
the City for such modifications constructed by the City
or such acquisition made by the City with funds
advanced by the City from other sources.
SECTION 16.40.060 CREDITS FOR DUPLICATIVE FEES.
.010 Duplicative Fees. Fees or payments which are
determined by the City Engineer to be duplicative of
the fees imposed by this Chapter shall be credited
against any fee (but only to the extent of the fee)
which would otherwise be charged pursuant to this
Chapter.
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SECTION 16.40.070 FEE ADJUSTMENTS.
An owner or developer of any project subject to the fee
imposed by this Chapter may apply to the City Council
for a reduction or adjustment to that fee, or a waiver
of that fee, based upon the absence of a reasonable
relationship or nexus between the impacts of that
development on the need for fire protection and
paramedic services and either the amount of the Fire
Protection Fee charged or the type of facilities or
equipment to be financed. The application shall be
made in writing and filed with the City Clerk not later
than ten (10) days prior to the public hearing on the
development permit application for the project, or 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
separate hearing held within. sixty (60) days after the
filing of the fee adjustment application, whichever is
later. The City Council shall waive or adjust the fee
where the City Council finds, based upon substantial
evidence in the record, that such waiver or adjustment
is necessary to ensure that said fee, if any, is
related both in nature and extent to the impact of the
proposed project. The decision of the City Council
shall be final. If a reduction, adjustment, or waiver
is granted, any change in use within the project shall
invalidate the waiver., adjustment or reduction of the
fee.
SECTION 16.40.080 ENFORCEMENT.
The City Attorney is hereby authorized and directed to
initiate such legal proceedings as may be necessary to
enforce the provisions of this Chapter.
SECTION 16.40.090. APPLICA'T'ION OF FEE.
The fee authorized by this Chapter shall apply to the
issuance of any building permit for any development of
hotel or motel units or of a commercial/recreation
project sixty (60) days following the date of adoption
of this Chapter.
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason
Is
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to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 3. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
of any other ordinance of this City shall in any manner affect
the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be
construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions
of this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 4. PENALTY
It shall be unlawful for any person, firm or
corporation to violate any provision or to fail to comply with
any of the requirements of this ordinance. Any person, firm or
corporation violating any provision of this ordinance or failing
to comply with any of its requirements shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding One Thousand Dollars ($1,000.00) or by
imprisonment not exceeding six (6) months, or by both such fine
and imprisonment. Each such person, firm or corporation shall be
deemed guilty of a separate offense for each day during any
portion of which any violation of any of the provisions of this
ordinance is committed, continued or permitted by such person,
firm or corporation, and shall be punishable therefor as provided
for in this ordinance.
SECTION 5. EFFECTIVE DATE AND PUBLICATION.
This ordinance shall become effective thirty (30) days
after its adoption by the City Council. The City Clerk shall
cause this ordinance to be published at least once in the
official newspaper within fifteen days after its adoption.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 16th day of Ma , 1995.
MAYO OF THE CITY OF AN EIM
AT`I'ES
CITY CLERK OF THE CITY OF ANAHEIM
10233.1\SMANN\March 9, 1995 5
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance
No. 5496 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 9th
day of May, 1995, and that the same was duly passed and adopted at a regular meeting of said City Council
held on the 16th day of May, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Lopez, Feldhaus, Daly
NOES: MAYOR/COUNCIL: Zemel
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5496 on the
16th day of May, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 16th day of May, 1995.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Ordinance No. 5496 and was published once in the North Orange County News on the 25th day of May,
1995.
CITY CLERK OF THE CITY OF ANAHEIM
C
Legend
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EXHIBIT A
'x w
j Limit of Anaheim Resort
The Anaheim Resort
FIRE FEE AREA
t� Designated for Future Extension in
General Plan Circulation Element
Designated Future Alignment in
General Plan Circulation Element*
The Disneyland Resort Specific Plan
(excluding the Theme Park District)
The Anaheirn Resort Specific Plan
The Hotel Circle Specific Plan
Katetla Avenue atlgnment
in connection with ib
widening. See Section 4A
of the Specific Plan
document for other Iv`
\Mated improvemenh.
i
0 1000 2000 feet North
*In connection with The Disneyland Resort
Specific Pian, Cerritos Avenue is planned to
be relocated 1,000 to 1,100 feet northerly, a
portion of West Street is planned to
become a cul-de-sac (West Place)
City of Anaheim
November 22. 1994 i 1140-94-0