Chapter 17.36 — PUBLIC SAFETY FACILITIES AND VEHICLE AND EQUIPMENT IMPACT FEES

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, as subsequently amended from time to time, (b) the Public Safety Services Master Facility Plan, and, (c) the Development Impact Fee Justification Study as subsequently amended from time to time (hereinafter referred to as the "Fee Study") on file in the Anaheim Finance 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, along with redevelopment within the City. For said purpose, the City Council has determined that a Fire Facilities Development 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, retail/commercial, office, hotel/motel, and industrial developments and expansions and additions to such existing developments; and that a Police Facilities Development 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, retail/commercial, office, hotel/motel, and industrial developments and expansions and additions to such existing developments. The Fire Facilities and Police Facilities Development Impact Fee area is consistent with the boundaries of the City limits. In establishing the fees described in the following sections, the City Council hereby finds the fees to be consistent with its General Plan. (Ord. 6027 § 1 (part); July 11, 2006: Ord. 6625 § 9 (part); April 21, 2026.)

.010 The Fire Facilities Development Impact Fee is hereby established, applicable to new residential, retail/commercial, office, hotel/motel, and industrial developments in the City and for expansions of and additions to existing developments ("Fire Facilities Development Impact 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 Facilities Development Impact 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 Facilities Development Impact Fee shall be collected prior to approval of each building permit. (Ord. 6027 § 1 (part); July 11, 2006: Ord. 6625 § 9 (part); April 21, 2026.)

.010 The Police Facilities Development Impact Fee is hereby established, applicable to new residential, retail/commercial, office, hotel/motel, and industrial developments in the City and for expansions of and additions to existing developments ("Police Facilities Development Impact 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 Police Facilities Development Impact 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 Police Facilities Development Impact Fee shall be collected prior to approval of each building permit. (Ord. 6027 § 1 (part); July 11, 2006: Ord. 6625 § 9 (part); April 21, 2026.)

The City Council may review the Fire Facilities Development Impact Fee and the Police Facilities Development Impact 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 Facilities Development Impact Fee and the Police Facilities Development Impact Fee established by this chapter in accordance with the estimated changes reflecting amendments or revisions to the Fee Studies. (Ord. 6027 § 1 (part); July 11, 2006: Ord. 6625 § 9 (part): April 21, 2026.)

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/indus trial development) the square 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 commercial/entertainment/amusement/indus trial development) the square footage, of the original structure shall be deducted from the number of residential units or square footage of the new structure. (Ord. 6027 § 1 (part); July 11, 2006: Ord. 6625 § 9 (part); April 21, 2026.)

The revenues raised by payment of the Fire Facilities Development Impact Fee and the Police Facilities Development Impact 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. (Ord. 6027 § 1 (part); July 11, 2006: Ord. 6625 § 9 (part); April 21, 2026.)

.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. (Ord. 6027 § 1 (part); July 11, 2006: Ord. 6625 § 9 (part); April 21, 2026.)

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. (Ord. 6027 § 1 (part); July 11, 2006: Ord. 6625 § 9 (part); April 21, 2026.)

The City Attorney is hereby authorized and directed to initiate such legal proceedings as may be necessary to enforce the provisions of this chapter. (Ord. 6027 § 1 (part); July 11, 2006: Ord. 6625 § 9 (part); April 21, 2026.)

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. (Ord. 6027 § 1 (part); July 11, 2006: Ord. 6625 § 9 (part); April 21, 2026.)