5549I
ORDINANCE NO.5549
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
ORDINANCE NO. 5496, NUNC PRO TUNC, RELATING TO
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 FIND THAT:
WHEREAS, the City Council did on May 16, 1995 adopt
Ordinance No. 5496 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; and
WHEREAS, through inadvertence Chapter 16.40 had already
been assigned to another Ordinance, thereby requiring Ordinance
5496 to be renumbered as Chapter 16.41; and
WHEREAS, such renumbering does not affect the substantive
content of Ordinance 5496; and
WHEREAS, the City Council desires, and public interest
and general welfare requires, that said error be corrected, nunc
pro tunc.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
HEREBY ORDAINS AS FOLLOWS:
SECTION 1.
That Ordinance No. 5496 be and the same is hereby amended
in full, nunc pro tunc, to read in full as follows:
"ORDINANCE NO. 5496
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ADDING CHAPTER 16.41 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 16.41 be, and the same is hereby
added to Title 16 of Municipal Code to read as follows:
"Chapter 16.41 FIRE PROTECTION FACILITIES AND PARAMEDIC
SERVICES IMPACT FEE.
SECTION 16.41.010 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 16.41.020 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
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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 16.41.030 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 16.41.040 EXEMPTIONS.
This Chapter shall not apply to:
.010 Conversion of a building or structure to a
similar or less intensive land use.
.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
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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 16.41.050 LIMITED USE OF FEES.
The revenues raised by payment
shall be placed in a separate
such revenues, along with any
account, shall be used solel
future construction of modific
6 and for acquisition of a nei
and paramedic equipment or to x
modifications constructed by t]
made by the City with funds
other sources.
Df the Fire Protection Fee
and special account, and
interest earnings on that
( to pay for the City's
itions to Fire Station No.
fire truck and equipment
simburse the City for such
e City or such acquisition
dvanced by the City from
SECTION 16.41.060 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.
SECTION 16.41.070 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
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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 16.41.080 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 16.41.090. APPLICATION 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 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
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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."
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 23rd day of January
1996. D�
MAYOR OF THE CITY OF APAHEIM
ATTEST:
CITY CLERK OFTHECITY OF ANAHEIM
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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. 5549 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 9th
day of January, 1996, and that the same was duly passed and adopted at a regular meeting of said City
Council held on the 23rd day of January, 1996, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
ABSTAINED: MAYOR/COUNCIL: Zemel
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5549 on the
23rd day of January, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 23rd day of January, 1996.
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. 5549 and was published once in the North Orange County News on the 1st day of
February, 1996
CITY CLERK OF THE CITY OF ANAHEIM