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6027ORDINANCE NO.. 6027 AN ORDINANCE OF THE CITY OF ANAHEIM 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 PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That new Chapter 17.36 be, and the same is hereby added to Title 17 of Municipal Code to read as follows: "Chapter 17.36 PUBLIC SAFETY FACILITIES AND VEHICLE AND EQUIPMENT IMPACT FEES SECTION 17.36.010 STATEMENT OF PURPOSE. The purpose of this Chapter is to implement the goals and objectives of. (1) (a) the Public Services and Facilities Element of the City of Anaheim General Plan updated and adopted on May 25, 2004, as subsequently amended from time to time, (b) the Public Safety Services Master Facility Plan and Development Impact Fee Calculation and Nexus Report dated April, 2005 and the PTMU Overlay Public Safety Supplemental Development Impact Fee Report dated May, 2006 (hereinafter referred to collectively as the "Fee Studies") on file in the Anaheim Fire department and incorporated herein by this reference; and (2) mitigate the impacts on fire suppression and emergency services and law enforcement and crime prevention services caused by new and expanded development within The Platinum Triangle. For said purpose, the City Council has determined that a Fire Suppression Facilities and Vehicle and Equipment Impact Fee is needed to finance the construction and relocation of fire stations and facilities and the acquisition of vehicles and equipment needed to serve new residential, commercial, entertainment, amusement, and industrial developments and expansions and additions to such existing developments; and that a Law Enforcement Facilities and Vehicle and Equipment Impact Fee is needed to finance the construction and/or expansion and addition of police stations and the acquisition of vehicles and equipment needed to serve new residential, commercial, entertainment, amusement, and industrial developments and expansions and additions to such existing developments. 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"). In establishing the fees described in the following Sections, the City Council hereby finds the fees to be consistent with its General Plan. SECTION 17.36.020 FIRE SUPPRESSION FACILITIES AND VEHICLE AND EQUIPMENT IMPACT FEE FOR THE PLATINUM TRIANGLE. .010 The Fire Suppression Facilities and Vehicle and Equipment Impact Fee is hereby established, applicable to new residential, commercial, entertainment, amusement, and industrial developments in the PTMU Overlay Zone and for expansions of and additions to existing developments ("Fire Suppression Facilities and Vehicle and Equipment 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 Suppression Facilities and Vehicle and Equipment 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 Suppression Facilities and Vehicle and Equipment Fee shall be collected prior to approval of each building permit. SECTION 17.36.030 LAW ENFORCEMENT FACILITIES AND VEHICLE AND EQUIPMENT IMPACT FEE FOR THE PLATINUM TRIANGLE. .010 The Law Enforcement Facilities and Vehicle and Equipment Impact Fee is hereby established, applicable to new residential, commercial, entertainment, amusement, and industrial developments in the PTMU Overlay Zone and for expansions of and additions to existing developments ("Law Enforcement Facilities and Vehicle and Equipment 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 Law Enforcement Facilities and Vehicle and Equipment 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 Law Enforcement Facilities and Vehicle and Equipment Fee shall be collected prior to approval of each building permit. SECTION 17.36.040 REVIEW AND ADJUSTMENT OF FEES. On an annual basis, the City Council shall review the Fire Suppression Facilities and Vehicle and Equipment Fee and the Law Enforcement Facilities and Vehicle and Equipment 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 Suppression Facilities and Vehicle and Equipment Fee and the Law Enforcement Facilities and Vehicle and Equipment 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 Fee Studies. SECTION 17.36.050 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 residential units, or (for a commercial/entertainment/amusement/industrial development) the square 2 footage, of the original structure shall be deducted from the number of residential 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 residential units, or (for a commereial/entertainment/amusement/industrial development) the square footage, of the original structure shall be deducted from the number of residential units or square footage of the new structure. SECTION 17.36.060 LIMITED USE OF FEES. The revenues raised by payment of the Fire Suppression Facilities and Vehicle and Equipment Fee and the Law Enforcement Facilities and Vehicle and Equipment Fee shall be placed into separate reserve funds, respectively, and such revenues, along with any interest earnings on that account, shall be used solely to pay for the City's acquisition, construction and relocation of Facilities and for the acquisition of vehicles and equipment as specified in the Fee Studies, 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 17.36.070 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, or development agreement, shall be credited against any fee (but only to the extent of the fee) which would otherwise be charged pursuant to this Chapter. SECTION 17.36.080 FEE ADJUSTMENTS. An owner or developer of any project subject to the fees imposed by this Chapter may apply to the City Council for a reduction or adjustment to said fees, or a waiver of said fees, based upon the absence of a reasonable relationship or nexus between the impacts of that development on the need for public safety facilities and equipment and either the amount of the Fees 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 said 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 said fee. 3 SECTION 17.36.090 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 17.36.100 APPLICATION OF FEE. The fees authorized by this Chapter shall apply to the issuance of any building permit for any residential, commercial, entertainment, amusement, and industrial development project issued 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 therefrom 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 Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 20 day of June , 2006, and thereafter passed and adopted at a regular meeting of said City Council held on the 11 day of July 2006, by the following roll call vote: AYES: Mayor -Pringle, Council Members Sidhu, Hernandez, Galloway, Pringle NOES: None ABSENT: None ABSTAIN: None CITY OF AHEIM B yMA OR OF THE C OF AN ATTEST: CITY K O TTY OF ANAHEIM 6107 6. v 1 /mgordon/06.02.06 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: July 20, 2006 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange California, on Date: July 20, 2006 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp C Proof of Publication Paste Clipping of Notice SECURELY In This Space AN ORDINANCE OF THE CITY. OF ANAHEIM `^DING CHAPTER 17.36 TO VEHICLE AND EQUIPMENT IMPACT FEES F -WAND EXPANDED DE THE CITY COUNCIL OF THE CITY OF ANAHEnm DOES ORDAIN AS FOLLO' SECTION 7. That new Chapter 17.36 be, and the same is hereby added to Title 17 of Mur, "Chapter 17.36 PUBLIC SAFETY FACILITIES AND VEHICLE AND EQUIPMENT IMPACT FEES SECTION 17.36.010 STATEMENT OF PURPOSE. DINANCE NO. 6027 OF THE ANAHEIM MUNICIPAL ('r' r ESTABLISHING PUBLIC SAFETY FACILITIES AND INT IN THE PLATINUM TRIAN( 'XED USE (PTMU) OVERLAY ZONE. Code to read as follows. The purpose of this Chapter is to implement the goals and objectives of: 1 on May 25, 2004, as subsequently amended from time to time, (b) the Public S fetyeServices Master FaPublic Service, cility Plan nld Development ement of the tImp ct F e Calculation of Anaheim General land Nexus and Report dated April, 2005 and the PTMU Overlay Public Safety Supplemental Development Imp act Fee Report dated May. 2006 (hereinafter referred to collectively as the "Fee Studies") on file in the Anaheim Fire department and incorporated herein by this reference; and (2) mitigate the impacts on fire suppression and emergency services and law enforcement and crimepreven- service tion s caused by new and expanded development within The Platinum Tri ngle. For said purpose, the City Council has determined that a Fire Suppression Facilities and Vehicle and Equipment Impact Fee is needed to finance the construction and relocation of fire stations and facilities and the acquisition of vehicles and equipment needed to serve new resi- dential, commercial, entertainment, amusement, and industrial developments and expansions and additions to such existing developments; and that a Law Enforcement Facilities and Vehicle and Equipment Impact Fee is needed to finance the construction and/cexpansion and addition of police stations and the acquisition of vehicles and equipment needed to serve new residential, commercial, entertainment, amusement, and industrial developments and expansions and additions to such existing developments. 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 Plat num Triangle Master Land Use Plan (hereinafter referred to as "PTMU Overlay Zone"). In establishing the fees described in the following Sections, the City Council hereby finds the feeE to be consistent with its General Plan. SECTION 17.36.020 FIRE SUPPRESSION FACILITIES AND VEHICLE AND EOL IPMENT IMPACT FEE FORTHE PLATINUM TRIANGLE. .OtOThe Fire Suppression Facilities and Vehicle and Equipment Impact Fee is hereby established, applicable to new residential, commercial, entertainment, amusement, and Indus- . trial developments in the PTMU Overlay Zone and for expansions of and additions to existing developments ("Fire Suppression Facilities and Vehicle and Equipment 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 im- provements, facilities and equipment to be financed, describe the estimated cost f these facilities, describe the reasonable relationship between the Fire Suppression Facilities and Ve- hicle and Equipment Fee and the various types of new developments and set forttime for payment. .020 Payment of Fee. Except as otherwise provided in Section 66007 of the Government Code, the Fire Suppression Facilities and Vehicle and Equipment Fee shall be collected prior to approval of each building permit. SECTION 17 36.030 LAW ENFORCEMENT FACILITIES AND VEHICLE AND EO IPMENT IMPACT FEE FOR THE PLATINUM TRIANGLE. 010The Law Enforcement Facilities and Vehicle and Equipment Impact Fee is hereby established, applicable to new residential, commercial, entertainment, amusement, and indus- trial developments in the PTMU Overlay Zone and for expansions of and addition to existing developments ("Law Enforcement Facilities and Vehicle and Equipment Fee"). The City Council shall, by Council resolution, set forth the specific amount of the fee, desci ibe the benefit and impact area on which the development fee is imposed, list the specific public im- provements, facilities and equipment to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between the Law Enforcement Facilities and Vehicle and Equipment Fee and the various types of new developments and set to th time for payment. .020 Payment of Fee. Except as otherwise provided in Section 66007 of the 3overnment Code, the Law Enforcement Facilities and Vehicle and Equipment Fee shall be collected prior to approval of each building permit. SECTION 17.36.040 REVIEW AND ADJUSTMENT OF FEES. On an annual basis, the City Council shall review the Fire Suppression Facilites and Vehicle and Equipment Fee and the Law Enforcement Facilities and Vehicle and Equipment 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 th Fire Suppression Facilities and Vehicle and Equipment Fee and the Law Enforcement Facilities and Vehicle and Equipment 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 Fee Studies. SECTION 17.36.050 EXEMPTIONS. This Chapter shall not apply to: .010Conversion 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. er.030 That portion of any building or structure ("new structure") which is consti ucted as a replacement for a substantially similar use of a building or structure ("original structure") ,,i the number of residential units, or (for ninetywithin c9ommetci % ntertamme t/amusem nt/ ndustcomrr ririalnt of such development)sthe square foon. Forotage of the orcalculating all tauthe tureeshall beldeducted from the num- Der of residential units or square footage of the new structure. That or structure ch is or anded which portion existed on such nent0or expans portion Provided any euuse of such portion isnot othelnv se changed. Fo purposes of calculating the fee payable pursuant tooth this Chapterrior r,commencement of such enlarge- , the umber of residential units, or for acommercial/entertainment/amusement/industrial development) the square to tage, of the original structure shall be deducted from the number of residential units or square foot- age of the new structure. 'ECTION 17.36.060 LIMITED USE OF FEES. The revenues raised by payment of the Fire Suppression Facilities and Vehicl and Equipment Fee and the Law Enforcement Facilities and Vehicle and Equipment Fee shall be 31aced into separate reserve funds, respectively, and such revenues, along with an interest earnings on that account, shall be used solely to pay for the City's acquisition, construction and relocation of Facilities and for the acquisition of vehicles and equipment as sp cified in the Fee Studies, or to reimburse the City for such modifications constructed by the City or :uch acquisition made by the City with funds advanced by the City from other sourc s. SECTION 17.36.070 CREDITS FOR DUPLICATIVE FEES. .010Duplicative Fees. Fees or payments which are determined by the City Er credited against any fee (but only to the extent of the fee) which would otherwise be SECTION 17.36.080 FEE ADJUSTMENTS. An owner or developer of any project subject to the fees imposed by this based upon the absence of a reasonable relationship or nexus between the in the Fees charged or the type of facilities or equipment to be financed. The aF lic hearing on the development permit application for the project, or if no dew shall state in detail the factual basis for the claim of waiver, reduction, or adjus a separate hearing held within sixty (60) days after the Ming of the fee adjustn finds, based upon substantial evidence in the record, that such waiver or adju proposed project. The decision of the City Council shall be final. If a reductioi ment or reduction of said fee. SECTION 17.36.090 ENFORCEMENT. The City Attorney is hereby authorized and directed to initiate such legal SECTION 17.36.100 APPLICATION OF FEE. to be duplicative of the fees imposed by this Chapter, or development agreement, shall be d pursuant to this Chapter. -r may apply to the City Council for a reduction or adjustment to said fees, orwaiver of said fees, of that development on the need for public safety facilities and equipment anda either the amount of )n shall be made in writing and filed with the City. Clerk not later than ten (10) days prior to the pub- .nt permit is required, of the time of the filing of the request for a building permit. The application The City Council shall consider the application at the public hearing on the permit application or at plication, whichever is later. The City Council shall waive or adjust said fee where the City Council is necessary to ensure that said fee, if any, is related both in nature and extent to the impact of the atment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjust - as may be necessary to enforce the provisions of this Chapter. The fees authorized by this Chapter shall apply to the issuance of any building F ermit for any residential, commercial, entertainment, amusement, and industrial development proj- ect issued 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 therefrom 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 oft s City shall m 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 lice se or penalty or the penal provisions applicable to any violation thereof. The provisions of this or- dinance, insofar as they are substantially the same as ordinance provisions previous) 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 - Except as may otherwise be expressly provided, any person who violates any pr vision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punish- ed in the manner provided in Section 1.01.370 of the Anaheim Municipal Code. THE FOREGOING ORDINANCE was introduced at a regular meeting of the Ci Council of the City of Anaheim held on the 20th day of June, 2006, and thereafter passed and adopted at a regular meeting of said City Council held on the 11th day of July, 2006, C% the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM BV/s/ Curt Pringle ATTEST: YOR OF THE CITY OF !s/ Sheryl) Schroeder