RES-2006-149RESOLUTION NO. 2006-149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ESTABLISHING PUBLIC SAFETY FACII.ITIES AND
VEHICLE AND EQUIPMENT IMPACT FEES FOR NEW AND
EXPANDED DEVELOPMENT IN THE PLATINUM TRIANGLE
MIXED USE (PTMU) OVERLAY ZONE.
WHEREAS, the City Council of the City of Anaheim did hold a public hearing to
establish a Fire Suppression Facilities and Vehicle and Equipment Impact Fee and a Law
Enforcement Facilities and Vehicle and Equipment Impact Fee (hereinafter referred to collectively
as the "Public Safety Impact Fees"), notice of which heazing was given in the manner required by
law; and
WHEREAS, the City Council has heretofore added Chapter 17.36 to Title 17 of the
Anaheim Municipal Code creating and establishing the authority for imposing and charging Public
Safety Impact Fees to mitigate the impacts on fire suppression and emergency services and law
enforcement and crime prevention services caused by new and expanded development within the
PTMU Overlay Zone; and
WHEREAS, the Public Safety Facilities and Vehicle and Equipment Impact Fee area
is consistent with the boundaries of The Platinum Triangle Mixed Use (PTMU) Overlay Zone
consisting of approximately 389-acres in The Platinum Triangle, as depicted in Figure 3 (General
Plan Designations) of The Platinum Triangle Master Land Use Plan (hereinafter referred to as
"PTMU Overlay Zone"); and
WHEREAS, an analysis of the need for additional and improved fire suppression
facilities and equipment and law enforcement facilities and equipment required by new and
expanded development in the PTMU Overlay Zone is set forth in the Public Safety Services Master
Facility Plan and Development Impact Fee Calculation and Nexus Report dated Apnl, 2005 and the
Development Impact Fee Calculation and Nexus Report for the Platinum Triangle Area of the City
of Anaheim dated Mazch, 2006 (hereinafter referred to collectively as the "Fee Studies"); and
WHEREAS, the Fee Studies analyzed the impact of new and expanded development
in the PTMU Overlay Zone on fire suppression facilities and equipment and law enforcement
facilities and equipment, the resulting need for additional and improved facilities and equipment, and
the estimated costs of additional and improved facilities and equipment; and
WHEREAS, said Fee Studies and a copy of this resolution were available for public
inspection and review fourteen (14) days prior to the public hearing; and
WHEREAS, the City Council, after due consideration of all evidence, testimony and
reports offered at the public hearing does find as follows:
A. The purpose of establishing Public Safety Impact Fees is to finance
improvements and additions to facilities and equipment to support fire suppression and emergency
services and law enforcement and crime prevention services made necessary by new development
and the expansion of and additions to existing development within the PTMU Overlay Zone.
B. The Public Safety Impact Fees collected pursuant to this resolution shall be
used to finance only the additional and improved facilities and equipment set forth in the Fee
Studies, which additional facilities and equipment are needed to augment existing fire suppression
and emergency services facilities and equipment and law enforcement facilities and equipment
serving The Platinum Triangle, and to offset the impacts of new development and expansion of and
additions to existing development within the the PTMU Overlay Zone.
C. The Fee Studies, copies of which are available in the office of the Anaheim
Fire Marshall, are hereby approved and incorporated herein by this reference.
D. New residential, commercial, entertainment, amusement, and industrial
developments and expansions and additions to such existing developments will generate additional
need for fire suppression and emergency services and law enforcement services in the PTMU
Overlay Zone.
E. There is a need in the PTMU Overlay Zone for additional and improved fire
suppression and emergency services facilities and equipment and law enforcement facilities and
equipment and for new and expanded development to contribute its fair share towards the costs of
additional and improved facilities and equipment. Said additional and improved facilities and
equipment have been called for in, and are consistent with, the Public Services and Facilities
Element of the City of Anaheim General Plan and the Fee Studies.
F. The facts and evidence presented establish that there is a reasonable
relationship between the need for the described fire suppression and emergency facilities and
equipment and the law enforcement facilities and equipment and the impacts of the types of
development described in the Fee Studies, for which the corresponding Public Safety Impact Fees
are charged and, also, there is a reasonable relationship between the use of the fees and the type of
development for which the fee is charged, in that fire suppression and emergency services facilities
and equipment and law enforcement facilities and equipment provide support for fire protection,
paramedic and law enforcement services and accommodate additional demand generated by
development, as is described further and in more detail in the Fee Studies referred to above.
G. The cost estimates set forth in the Fee Studies are reasonable cost estimates
for adding to fire suppression and emergency services facilities and equipment and law enforcement
facilities and equipment, and the fees to be generated by the construction of new residential,
commercial, entertainment, amusement, and industrial developments and expansions and additions
to such existing developments will not exceed the total of these costs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim as follows:
1. Definitions.
(a) "New Development" shall mean construction of new residential, commercial,
entertainment, amusement, and industrial developments and expansions and additions to such
existing developments.
(b) "Exempted Development" shall mean development exempted pursuant to
Section 17.36.050 of the Anaheim Municipal Code.
2. Imposition of Fee. The Public Safety Impact Fees shall be charged and paid
prior to approval of each building permit for new development within the PTMU Overlay Zone, as
shown on Exhibit A, except as otherwise provided in Section 66007 of the Government Code.
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3. Use of Public Safety Impact Fees. The Public Safety Impact Fees shall be
used solely to pay for the additional and improved fire suppression and emergency services facilities
and equipment and law enforcement facilities and equipment, all as identified in the Fee Studies.
4. Fee Review. On or about June 2007 and each yeaz thereafter, the Anaheim
Fire Department and the Anaheim Police Department, respectively, shall review the estimated cost
of the equipment and improvements described in the foregoing pazagraph 3, the continued need
therefor, and the reasonable relationship between such need and the impacts of the various types of
development pending or anticipated and for which this fee is chazged. The Anaheim Fire
Department and the Anaheim Police Department, respectively, shall report their findings to the City
Council at a noticed public heazing and shall recommend any adjustment to such fees or other action
as may be needed.
BE IT FURTHER RESOLVED as follows:
1. The Public Safety Impact Fees set forth in Exhibit A, attached hereto and
incorporated by this reference herein, shall be, and are hereby, adopted.
2. The fees established herein shall become effective sixty (60) days following
the date of adoption of this Resolution.
3. The fees established herein shall, upon becoming effective, supersede any fees
previously adopted for the same purposes.
4. The City Council hereby declares that should any one or more fees established
by this Resolution or any portion of this Resolution be declared for any reason to be invalid, it is the
intent of the City Council that it would have adopted all other fees and portions of this Resolution
independent of the elimination therefrom of any such fee or such portion as may be declared invalid.
BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does
hereby find and determine that this Resolution is conditioned upon and will take effect upon the
effective date of the ordinance adding Chapter 17.36 to Title 17 of the Anaheim Municipal Code
establishing public safety facilities and vehicle and equipment impact fees for new and expanded
development in the PTMU Overlay Zone.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this20th day of .June , 2006, by the following roll call vote:
AYES: Magar .Pringle, Council Members Sidhu, . Hernaa~ez, .G$11owaX, :Chavez
NOES: None
ABSENT: . ~Noae
ABSTAIN: .None
CITY OF AHEIM
B
y MAYOR OF THE F ANAHEIM
ATTEST:
CITY OF
61093.
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EXHIBIT A
PUBLIC SAFETY IMPACT FEES
PTMU Overlay Zone Fire Suppression Facilities and Vehicle and Equipment Impact Fees
Detached Dwellings $2,493 per Unit
Attached Dwellings $1,321 per Unit
Mobile Home (in Parks) $2,493 per Unit
Commercial Lodging $891 per Unit
CommerciaUOffice KSF $1.444 per S.F.
City Entertainment Group N/A
Private Amusement Area $5.563 per S.F.
Industrial/Manufacturing $0.199 per S.F.
PTMU Overlay Zone Law Enforcement Facilities and Vehicle and Equipment Impact Fees
Detached Dwellings $747 per Unit
Attached Dwellings $623 per Unit
Mobile Home (in Parks) $385 per Unit
Commercial Lodging $726 per Unit
CommerciaUOffice KSF $0.839 per S.F.
City Entertainment Group N/A
Private Amusement Area $0.263 per S.F.
IndustriaUManufacturing $0.106 per S.F.
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