HomeMy WebLinkAbout89-01 Amending Code to Establish Procedures for Requiring Fire Protection System Impact FeesORDINANCE NO. E9- /
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, AMENDING TITLE 13
OF THE MUNICIPAL CODE TO ESTABLISH PROCEDURES
FOR REQUIRING FIRE PROTECTION SYSTEM IMPACT
FEES.
SECTION 1: The City Council finds and declares as follows:
WHEREAS,
in order to implement
the
goals and objectives of the
City of Costa
Mesa's General Plan
and
to mitigate the impacts on
the City of. Costa Mesa's Fire Protection System caused by certain
new development in the City, certain fire stations must be
constructed and equipment purchased; and
WHEREAS, the Costa Mesa Fire Protection System Fee Study
identified specific development approvals in North Costa Mesa that
impact the service capabilities of the City of Costa Mesa Fire
Department; and
WHEREAS, the City Council has decided that certain fire system
improvements, as identified in the Costa Mesa Fire Protection
System Fee Study, are needed to address the cumulative impacts of
the identified additional development in North Costa Mesa to ensure
an acceptable level of fire protection service is maintained in the
City; and
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WHEREAS, the City has determined that a development impact fee
program is needed to finance costs of the station construction and
equipment purchases; and
WHEREAS, the adoption -of an enabling ordinance for this
program is in the -public interest and promotes the public health,
safety and general welfare.
ACCORDINGLY, the City Council of the City of Costa Mesa hereby
amends Title 13 of the Costa Mesa Municipal Code as follows:
SECTION 2: Section 13-309 of Article 22 is established and shall
read as follows:
Section 13-309. Fire Protection System Development Fee Impact
Program
1. Establishment of Development Impact .Fee: By Council
resolution, a development impact fee shall be established based on
the Costa Mesa Fire Protection System Fee Study. The resolution
shall set forth the specific amount of the fee and set forth time
for payment.
2. Limited Use of Fees: The revenues raised by payment of
this impact fee shall be placed in a separate and special account
and revenues, along with any interest earnings on that account,
shall be used solely to pay for.the City's future construction of
facilities and equipment purchases or to reimburse the City for
those identified facilities and equipment funded by the City with
monies advanced by the City from other sources.
3. Fee Refunds: A refund may be made when a building permit
expires and no.extensions have been granted for a development for
which the funds have been collected.
4.. Fee Adjustments: A developer of any project subject to
the development fee impact program may apply to the City Council
for an adjustment of the fee. The developer shall have the burden
of proving that either the amount of fee charged or the facility
and/or equipment financed is disproportionate or not reasonably
related to the impact of the project on the fire protection systema
The application shall be made in writing and
filed with .the City Clerk not later than: 1) ten (10) days prior
to the public hearing on the development permit application for the
project, or 2) 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 adjustment. The City Council shall consider the application at
the. public hearing on the permit application or at a separate
hearing held within 60 days after the filing of the fee adjustment
application. .The decision of .the City Council. shall be final. If
an adjustment is granted, -any change in use or increase in building
intensity within the project shall require reconsideration of the
fee adjustment.
SECTION 3: SEVERABILITY
A. If any section, subsection, part, subpart, paragraph,
clause or, phrase of this ordinance, or any revision of the
ordinance is for any reason held to be invalid or unconstitutional;
. the remaining sections, subsections, parts, subparts, paragraphs,
clauses or phrases shall not be affected, but shall remain in -full
force and effect.
SECTION 4.
This Ordinance shall take effect and be in full force thirty
(30) .days from and after the passage thereof, and prior to the
expiration of fifteen (15) days from its passage shall be published
once in the ORANGE COAST DAILY_ PILOT, a newspaper of general
circulation, printed and published in the City of Costa Mesa or,
in the
alternative, the
City
Clerk may
cause
to be
published a
summary
of this Ordinance
and
a certified
copy
of the
text of this
Ordinance shall.be posted in the office of the City Clerk five (5)
days prior to the date of adoption of this Ordinance, and within
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fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post .in the office
of the City Clerk a certified copy of this Ordinance together with
the names of -the members -of the City Council voting for and against
the same.
PASSED AND ADOPTED this day -of , 1989.
ATTEST:
it Clerk of the 'Cityo Mayor -.of the City Costa Mesa
Costa Mesa
APPROVED AS TO FORM:
City Attorney
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STATE OF CALIFORNIA.')
COUNTY OF ORANGE ) ss.
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City. Clerk and ex -officio Clerk of the
City Council of -the City of Costa Mesa, hereby certify that the.
above and foregoing Ordinance No. s q -:r was, introduced and
considered section by'sec ion -at a r gular meeting -of said City
Council held on the ,3AJ- •day of , 1989, and
thereafter passed and adopted ,as a ole at regular meeting of
said Council held on the /� day o 1989, by
the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:-�%yu�-
ABSENT: COUNCIL MEMBERS: -,A. & �
IN WITNESS, -WHEREOF,, I have hFrebv mpt my hand -and affixed the
Seal of the City, of Ccgsta--,Mesa this A day of C
1989.
City -Clerk and ex -officio C rk
of the City Council of the ity
of Costa Mesa
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