95-073 RESOLUTION NO. 95~73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ESTABLISHING A EIRE PROTECTION
FACILITIES AND PARAMEDIC SERVICES IMPACT FEE
FOR NEW AND EXPANDED DEVELOPMENT IN THE
ANAHEIM RESORT.
WHEREAS, the City Council of the City of Anaheim did
hold a public hearing to consider establishment of an impact fee
for fire protection facilities and equipment and paramedic
services ("Fire Protection Fee"), notice of which hearing was
given in the manner required by law; and
WHEREAS, the City Council has added Chapter 16.40 to
Title 16 of the Anaheim Municipal Code creating and establishing
the authority for imposing and charging a Fire Protection Fee on
new and expanded development within the Anaheim Resort of the
City of Anaheim; and
WHEREAS, the Anaheim Resort is as specifically shown in
attached "Exhibit A," which is incorporated by this reference
herein, and is relatively bounded on the northeast by Interstate
Highway 5, on the south by Orangewood Avenue, and on the west by
Walnut Street; and
WHEREAS, an analysis of the need for additional and
improved fire protection facilities and equipment, including
paramedic services, is set forth in The Anaheim Resort Specific
Plan No. 92-2 and EIR No. 313; The Hotel Circle Specific Plan and
Mitigation Monitoring Program No. 0079; The Disneyland Resort
Specific Plan and EIR No. 311; and the Anaheim Resort Area Fire
Fee Study dated December, 1994, hereinafter collectively referred
to as "Studies"; and
WHEREAS, the Studies analyzed the impact of new and
expanded development in the Anaheim Resort on fire protection
(including paramedic) facilities and equipment, the resulting
need for improved and additional facilities and equipment, and
the estimated costs of those improvements; and
WHEREAS, said Studies 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 a Fire Protection Fee
is to finance improvements and additions to facilities and
equipment to support fire protection and paramedic services made
necessary by new development and expansion of and additions to
existing development within the Anaheim Resort.
B. The Fire Protection Fees collected pursuant to
this resolution shall be used to finance only the additional
facilities and equipment described in the attached "Exhibit B,"
which is incorporated by this reference herein, which additional
facilities and equipment are needed to augment existing fire
protection and paramedic facilities and equipment serving the
Anaheim Resort, to offset the impacts of new development and
expansion of and additions to existing development within the
Anaheim Resort.
C. Copies of the Studies are available in the office
of the City Engineer and the Planning Department and are hereby
approved and incorporated by this reference herein.
D. Development will generate additional need for fire
protection and paramedic services in the Anaheim Resort.
E. There is a need in the Anaheim Resort for
expansion of fire protection and paramedic services 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, or are consistent with, the Environmental Impact Reports
for The Anaheim Resort Specific Plan, The Hotel Circle Specific
Plan and the Disneyland Resort Specific Plan.
F. The facts and evidence presented establish that
there is a reasonable relationship between the need for the
described fire protection and paramedic facilities and equipment
and the impacts of the types of development described in the
studies, for which the corresponding Fire Protection Fee is
charged and, also, there is a reasonable relationship between the
use of the fee and the type of development for which the fee is
charged, in that these fire protection and paramedic facilities
and equipment provide support for fire protection and paramedic
services and accommodate additional demand generated by
development, as is described further and in more detail in the
Studies referred to above.
G. The cost estimates set forth in Exhibit B, which
is incorporated by this reference herein, are reasonable cost
estimates for adding to fire protection and paramedic facilities
and equipment in the Anaheim Resort.
NOW, THEREFORE, BE IT RESOLVED by the city Council of
the City of Anaheim as
1. Definitions.
(a) "New Development" shall mean construction of new
commercial/recreation and hotel/motel development in the Anaheim
Resort and/or additions to or expansions of existing buildings or
structures.
(b) "Exempted Development" shall mean development
exempted pursuant to Section 16.40.040 of the Anaheim Municipal
Code.
2. Imposition of Fee. A Fire Protection Fee shall be
charged and paid prior to approval of each building permit for
new construction or for extension of or addition to existing
buildings or structures within the Anaheim Resort, as shown on
Exhibit A, except as otherwise provided in Section 66007 of the
Government Code.
3. Use of Anaheim Resort Fire Protection Fee. The
Fire Protection Fee shall be used solely to pay for (1) an
additional fire truck and equipment, (2) paramedic equipment and
(3) facility modification to Fire Station 6, all as identified in
the Anaheim Resort Fire Fee Study dated December, 1994.
4. Fee Review. On or about March 15, 1996 and each
year thereafter, the Public Works Department shall review the
estimated cost of the equipment and improvements described in the
foregoing paragraph 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 charged. The Public Works Department shall report
its findings to the City Council at a noticed public hearing and
shall recommend any adjustment to this fee or such other action
as may be needed.
BE IT FURTHER RESOLVED as follows:
1. The fees set forth in the Fire Protection Fee
Schedule, which is designated Exhibit C and is 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.
3
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 herefrom of any such fee or such portion as may be
declared invalid.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 16th day of May,
1995.
CITY CLERK OF THE CITY OF ANAH~IM
10362.1\SMANN\March 9, 1995 4
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 Resolution
No. 95R-73 was introduced and adopted at a regular meeting provided by law, of the Anaheim 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 Resolution No. 95R-73 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 Resolution No. 95R-73 was duly passed and adopted by the City Council of the City of Anaheim on
May 16th, 1995.
CITY CLERK OF THE CITY OF ANAHEIM
EXHIBIT A
The Anaheim Resort
FIRE FEE AREA
Legend (~
L .... J Limit at Anaheim Resort 0 1000 2000 feet North
.~ ~.~ .m Designated for Future Extension in *In connection with The Disneyland Resort
General Plan Circulation Element Specific Plan, Cerritos Avenue is planned to
~ m m Designated Future Alignment in be relocated 1,000 to 1,100 feet northerly, a
General Plan Circulation Element* portion of West Street is planned to
become a cul-de-sac (West Place)
:..'._.-~ The Disneyland Resort Specific Plan
(excluding the Theme Park District)
City of Anaheim
-:e.-:....:.~ The Anaheim Resoff Specific Plan
The Hotel Circle Specific Plan November 22. 1994 1140 - 94 - 0
EXHIBIT B
FIRE FACILITIES AND EQUIPMENT
1. Fire truck company with equipment $ 690,000
2. Paramedic equipment $ 40,000
3. Fire Station No. 6 Modification $ 1,610,000
TOTAL $ Z,340,000
EXHIBIT C
FIRE PROTECTION FEE SCHEDULE
Hotel/Motels = $90.00/unit
Commercial/Recreational = $150.00/1,000 square feet