Anaheim Municipal Code Ch. 16.41 Fire Protection Facilities and Paramedic Services Impact Fee

In order to implement the fire protection and paramedic services mitigation measures identified in Environmental Impact Report No. 313 for the Anaheim Resort Specific Plan, certified on September 20, 1994; the mitigated negative declaration for the Hotel Circle Specific Plan, approved August 17, 1994; Environmental Impact Report No. 311 for the Disneyland Resort Specific Plan, certified June 22, 1993; Section 4 of the Anaheim Resort Specific Plan; Condition No. 53 of Ordinance No. 5443 rezoning the Hotel Circle Specific Plan property to the SP 93-1 Zone; Section 4 of the Disneyland Resort Specific Plan; the City of Anaheim General Plan adopted on July 3, 1984, as subsequently amended from time to time; the Anaheim Resort Area Fire Fee Study dated December, 1994; and to mitigate the impacts on fire protection and paramedic services caused by new commercial/recreation and hotel/motel developments and/or by additions and expansions to such existing developments within the Anaheim Resort, the City Council has determined that a fire protection and paramedic services impact fee is needed to finance modifications to Fire Station No. 6 and to pay for an additional fire truck and equipment and for paramedic equipment needed to serve new hotel, motel and commercial/recreation developments and expansions and additions to such existing developments. The Anaheim Resort fire protection and paramedic services fee area is as specifically shown in Figure 16.41.010, and is relatively bounded on the northeast by the Interstate 5 freeway, on the south by Orangewood Avenue, and on the west by Walnut Street. In establishing the fee described in the following Sections, the City Council has found the fee to be consistent with its General Plan. (Ord. 5496 § 1 (part); May 16, 1995; Ord. 5549 § 1 (part); January 23, 1996.)

Figure 16.41.010

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.010 A fire protection and paramedic services impact fee is hereby established, applicable to new commercial/recreation and hotel/motel development in the Anaheim Resort and for expansions of and additions to existing developments ("fire protection 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 protection 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 protection fee shall be collected prior to approval of each building permit. (Ord. 5496 § 1 (part); May 16, 1995; Ord. 5549 § 1 (part); January 23, 1996.)

On an annual basis, the City Council shall review the fire protection 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 protection 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 specific plans for the Anaheim Resort. (Ord. 5496 § 1 (part); May 16, 1995; Ord. 5549 § 1 (part); January 23, 1996.)

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 days immediately preceding commencement of such construction. For purposes of calculating the fee payable pursuant to this chapter, the number of hotel/motel units, or (for a commercial/recreation development) the square footage, of the original structure shall be deducted from the number of hotel/motel 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 hotel/motel units, or (for a commercial/recreation development) the square footage, of the original structure shall be deducted from the number of hotel/motel units or square footage of the new structure. (Ord. 5496 § 1 (part); May 16, 1995; Ord. 5549 § 1 (part); January 23, 1996.)

The revenues raised by payment of the fire protection fee shall be placed in a separate and special account, and such revenues, along with any interest earnings on that account, shall be used solely to pay for the City's future construction of modifications to Fire Station No. 6 and for acquisition of a new fire truck and equipment and paramedic equipment 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. 5496 § 1 (part); May 16, 1995; Ord. 5549 § 1 (part); January 23, 1996.)

.010 Duplicative Fees. Fees or payments which are determined by the City Engineer to be duplicative of the fees imposed by this chapter shall be credited against any fee (but only to the extent of the fee) which would otherwise be charged pursuant to this chapter. (Ord. 5496 § 1 (part); May 16, 1995; Ord. 5549 § 1 (part); January 23, 1996.)

An owner or developer of any project subject to the fee imposed by this chapter may apply to the City Council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of a reasonable relationship or nexus between the impacts of that development on the need for fire protection and paramedic services and either the amount of the fire protection fee 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 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 days after the filing of the fee adjustment application, whichever is later. The City Council shall waive or adjust the 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 the fee. (Ord. 5496 § 1 (part); May 16, 1995; Ord. 5549 § 1 (part); January 23, 1996.)

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. 5496 § 1 (part); May 16, 1995; Ord. 5549 § 1 (part); January 23, 1996.)

The fee authorized by this chapter shall apply to the issuance of any building permit for any development of hotel or motel units or of a commercial/recreation project sixty days following the date of adoption of this chapter. (Ord. 5496 § 1 (part); May 16, 1995; Ord. 5549 § 1 (part); January 23, 1996.)