HomeMy WebLinkAboutCC Reso No 2006-069RESOLUTION NO. 2006 -69
A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF
LAKE ELSINORE ADOPTING THE CITY OF LAKE
ELSINORE FIRE FACILITIES IMPACT FEE STUDY AND
ESTABLISHING A FIRE FACILITIES FEE FOR
DEVELOPMENT PROJECTS WITHIN THE CITY OF LAKE
ELSINORE
WHEREAS, the City Council of the City of Lake Elsinore has adopted the
proposed ordinance amending Chapter 16.74 which creates and establishes the
authority for imposing and charging additional development impact fees for Fire
Facilities within the City; and
WHEREAS, a Fire Facilities Fee Study for the City of Lake Elsinore, as
required by the California Government Code, has recently been completed, a copy
of which is available for public inspection in the office of the City Clerk; and
WHEREAS, the Fire Facilities Fee Study complies with California
Govemment Code Section 66001 by establishing the basis for imposition of fees
on Development Projects; and
WHEREAS, the Fire Facilities Fee Study:
1. Identifies the purposes of the fee;
2. Identifies the use to which the fee will be put;
3. Shows a reasonable relationship between the fee's use and the type of
development project on which the fee is imposed;
4. Shows a reasonable relationship between the need for the fire faciliries
and the type of development projects on which the fee is imposed; and
5. Shows a reasonable relationship between the amount of the fee and
the cost of the fire facilities attributable to the development on which
the fee is imposed; and
CITY COiTNCIL RESOLUTION NO. 2006 - 69
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WHEREAS, the fee collected pursuant to this resolurion shall be used to
finance the fire facilities described or identified in the City of Lake Elsinore Fire
Facilities Fee Study or other public facility plans as may from time to time be
adopted by the City Council; and
WHEREAS, after considering the specific descriptions and cost estimates
identified in the Fire Facilities Fee Study, the Council approves such project
descriprions and cost estimates, and finds them reasonable as the basis for
calculating and imposing certain development impact fees; and
WHEREAS, the projects and fee methodology identified in the Fire
Facilities Fee Study are consistent with the City's General Plan; and
WHEREAS, the Fire Facilities Fee Study is categorically exempt from
environmental review pursuant to the California Environmental Quality Act
guidelines section 15061(b)(3); and
WHEREAS, the intent of the study and proposed fee is to provide one
means of mitigating potential environmental impacts which have been identified in
environmental analyses of other planning efforts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. The Fire Facilities Fee Study and findings set forth therein
are hereby adopted and incorporated herein as though set forth in full.
SECTION 2. The terms herein shall have the same meaning as set forth in
Chapter 16.74 and the proposed amendment thereto.
SECTION 3. The fees proposed under the Fire Facilities Fee Study and as
set forth in Table 9 thereof shall be imposed upon issuance of the applicable
development permit and shall be paid at the rate in effect on the day of payment
prior to issuance of a certificate of occupancy for the project, or at such earlier rime
pernutted by law as set forth in Government Code section 66007.
CITY COiTNCIL RESOLUTION NO. 2006 - 69
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SECTION 4.
A. The Fire Facilities Fee for Residential Development shall be
based upon the type of unit consriucted and as set forth in Table 9 of the Fire
Facilities Fee Study. Development impact fees for group homes, co-housing or
other types of residences not described above shall be determined by the
Community Development Director based on analysis of the public service impacts
of such development in relation to a single- family dwelling unit.
B. The Fire Facilities Fee for Nonresidential Development shall be
based upon the habitable and enclosed square footage of a building and be
deternuned by the rate and formula set forth in Table 9 of the Fire Facilities Fee
Study.
C. The Fire Facilities Fee for land uses not shown in the Fire
Facilities Fee Study will be determined by the Community Development Director
who shall deternune such fee based on analysis of the public service impacts of the
proposed use in relation to other nonresidential uses shown in Fire Facilities Fee
Study.
D. If a Development Permit is issued that would alter the amount
of the Fire Facilities Fee due for the development or require the payment of a new
ar additional development impact fee, any such previously paid fees shall be
credited against the new total fee due, as deternuned by the Community
Development Director, provided, however, that in no event shall the City refund
fees previously paid because of a change in land use.
E. The Fire Facilities Fee for additions to, or replacement or
intensification of, an existing nonresidential use shall be paid only on the net
increase in habitable and enclosed square footage of building compared to that
which existed within the City limits as of the effecrive date of the proposed
amendment to Chapter 16.74.
SECTION 5. The following Development Projects are exempted from
paying the Fire Facilities Fee:
CITY COUNCIL RESOLUTION NO. 2006 - 69
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A. Additions of Accessory Structures.
B. Addition of habitable living space to an existing single family
unit.
C. A Development Project which, at the time of issuance of a
building permit, is not subject to the Fire Facilities Fee by viriue of the terms of a
valid development agreement or when such Development Project proceeds under a
vesting tract map upon which the Fire Facilities Fee cannot be imposed as a matter
of law.
D. Nonresidential Development if the developer qualifies as a non-
profit organization and is exempt from federal taxation under Section 501(c)(3) of
the Internal Revenue Code of 1986. Notwithstanding the foregoing exemption, the
developer shall be required as a condition to issuance of the development license to
cause the owner of record to execute a contract to pay the Fire Facilities Fee upon
transfer of the Development Project or any portion thereof to a purchaser that does
not qualify as a non-profit organization that is exempt from federal taxation under
Section 501(c)(3) of the Internal Revenue Code of 1986. Such contract shall be
recorded with Riverside County Recorder and shall constitute a lien for the
payment of the Fire Facilities Fee.
SECTION 6. The Fire Facilities Fee shall be as set forth in E~ibit A and
as supported by the City of Lake Elsinore Fire Facilities Fee Study and the staff
report scenarios addressing fee reductions for nonresidential development and
administration, attached hereto and incorporated herein.
SECTION 7. The fee shall be solely used (1) for the purposes described in
the Fire Facilities Fee Study, (2) for reimbursing the City for the development's
fair share of those capital improvements already constructed by the City; or (3) for
reimbursing developers who have constructed public facilities described in the Fire
Facilities Fee Study or other facility master plans adopted from time to time by the
City Council where those facilities were beyond that needed to mitigate the
impacts of the developers project or projects.
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SECTION 8. Commencing on July 1, 2007, the fees established and
imposed by this Resolution shall be adjusted as of July 1 St of each year based upon
the percentage increase ar decrease, if any, of the Engineering News Record
Construction Cost Index (the "CCP') far the Los Angeles Metropolitan Area (CCI)
for the twelve month period prior to May 1s1 of the year in which the change will
be effective.
SECTION 9. Any judicial action or proceeding to attack, review, set aside,
void, or annul this resolution shall be brought within 120 days of the date of
adoption of this resolution.
SECTION 10. Upon passage and adoption, this Resolution shall take effect
concurrent with the effective date of Ordinance No. 1181.
PASSED, APPROVED AND ADOPTED this 23`d day of May, 2006, by
the following vote.
AYES: COUNCILMEMBERS: Buckley, Hickman, Kelley,
Schiffner, Magee
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ARCTATN~ (",(~iINCTT,MF,MBERS: Nnna
CITY COUNCIL RESOLUTION NO. 2006 - 69
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ATTEST:
Frederick Ray ity Clerk
City of Lake Elsinore
B~rbara Zeid L~ibold, City Attorriey
City of Lake Elsinore
EXHIBIT A
FIRE FACILITIES FEE
CITY OF LAKE ELSINRE
Fire Facility Developer Impact Fee Resolution
EXHIBIT A
Fire Facilities
Residential Per 1000 Square Feet
Single Multiple
Family Family
Unit Unit Commercial Office Industrial
$751 $612 $337 $489 $159