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HomeMy Public PortalAboutOrdinance 7957/6/99 ORDINANCE NO. 795 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT ESTABLISHING A FIRE STATION DEVELOPMENT FEE WHEREAS, California State law authorizes the collection of mitigation fees for the purpose of defraying the cost of public facilities, improvements and amenities related to new development; and WHEREAS, the Fire Chief and the Director of Public Works of the City of Beaumont conducted a study which analyzes the effects of new development and population growth on the ability of the City's Fire Department to respond to calls for fire suppression services, medical aid and other emergency services; and WHEREAS, the study concluded that three (3) new fire stations for the City will be needed to meet future demands, each with an estimated cost of $3,100,000.00; and WHEREAS, the study considered the types and densities of development proposed for the City and projected the cost of the facilities required in order to maintain a five minute response time for the purpose of deriving a fee that could be fairly allocated among new development; and WHEREAS, by notice duly given and published, the City Council set the time and place for a public hearing on the proposed fee; and WHEREAS, at least 10 days prior to the hearing on the proposed fee, City staff made available to the public data indicating the amount of funds required to provide the needed level of service for which the fee is levied and the revenue sources anticipated to provide the service; and WHEREAS, the City Council, at the time and place set for the hearing, duly considered the data and information relative to the cost of the services for which the fee is proposed and all other comments, whether written or oral, submitted prior to the conclusion of the hearing; and WHEREAS, the City Council finds that it is necessary to adopt a Fire Station Development Fee for new development within the City of Beaumont in order to generate the funds necessary to provide the fire stations and the fire suppression and other emergency services that new development warrants; and WHEREAS, the fee adopted hereunder is exempt from the California Environmental Quality Act, Public Resources Code, Section 21080(b) for the reason that the fees are imposed for the purchase of materials and for obtaining funds to maintain service within the City. NOW, THEREFORE, the City Council of the City of Beaumont hereby ordains as follows: Section 1: Findings The City Council finds and determines that new development within the City of Beaumont increases the demand for fire suppression services, medical aid and other emergency services, and that the response time for such services becomes increasingly greater as the distance between City fire stations and new development increases. Therefore, in order to protect the public health, safety and welfare of the citizens of Beaumont, it is necessary to purchase land and to construct fire stations thereon, thereby ensuring an acceptable response time. Section 2: Purpose The purpose of this Ordinance is establish a Fire Station Development Fee on each new non-residential unit, residential dwelling unit and mobilehome space to generate funding for the acquisition of land and construction of fire station facilities in order to provide fire suppression and other emergency services within an acceptable response time. Section 3: Definitions For the purpose of this Ordinance, the following words, terms and phrases shall have the following meanings: a. "Dwelling Unit" means a building or portion thereof or a mobilehome space or a mobilehome or manufactured house designed primarily for residential occupancy, including one - family, two-family and multiple -family dwellings. The term "dwelling" shall not include hotels or motels. b. "Non -Residential Unit" means each acre (or fraction thereof) of any retail, commercial and/or industrial development which is designed primarily for non -dwelling use, but shall include hotels and motels. One Non -Residential Unit is equal to ten (10) Dwelling Units. 2 c. "Mobilehome Space" as defined in Section 13.21.040 of the Beaumont Municipal Code. d. "Equivalent Dwelling Unit" means one Non -Residential Unit or one Dwelling Unit or one Mobilehome Space. e. "The Fire Station Development Fee" means a development fee established by the City Council pursuant to this Ordinance. Section 4: Adoption of Fire Station Development Fee A Fire Station Development Fee is hereby authorized and shall be imposed on the construction of all non-residential units, dwelling units and mobilehome spaces within the City of Beaumont. The following Fire Station Development Fee is hereby adopted: $181.00 per equivalent dwelling unit. Section 5: Annual Fee Adjustment The Fire Station Development Fee shall be adjusted annually to reflect changes in the cost of construction. The base for computing the adjustment shall be the Building Cost Index of the Engineering News Record, published for the month nearest the effective date of this Ordinance. Section 6: Purpose of Fee The purpose of the Fire Station Development Fee is to finance the acquisition and construction of three (3) fire stations in order to ensure an acceptable response time for fire suppression services, medical aid and other emergency services to residents and businesses located within the City. A study and analysis prepared by the Fire Chief and the Director of Public Works of the City of Beaumont supports the imposition of the fee at the rate set forth herein based upon a proportionate share of cost per individual unit. Section 7: Payment of Fees The Fire Station Development Fee shall be paid on the date of final inspection, or the date of issuance of a Certificate of Occupancy, whichever occurs first. Computation of the amount required to be paid shall be made by the Director of Public Works or a designated representative. 3 Section 8: Use of Fire Station Development Fees Fire Station Development Fees shall be deposited in a restricted account and accounted for in a manner that will ensure that the Fees shall be expended solely for the purposes for which the Fees were collected. Any interest income earned thereon shall be retained in the restricted account. Section 9: Exemptions The following types of development shall not be required to pay a Fire Station Development Fee: a. The replacement of existing development, provided that the replacement occurs within three years of the date of destruction, contains the same number of equivalent dwelling units and does not add square footage; and b. The rehabitation or remodeling of existing development that does not add square footage or non-residential or residential dwelling units. Section 10: Appeals In addition to any statutory right of protest, any person aggrieved by the computation of Fire Station Development Fees shall have the right to appeal the computation to the City Council by filing a written notice of appeal no later than 15 days from the date of the computation. Written notice shall be filed with the City Clerk and state the objections of the person filing the notice. The City Clerk shall set the matter for hearing at the next regular City Council meeting at least 21 days after the date the appeal was filed. The City Clerk shall give notice of the time and place of the hearing before the City Council to all interested parties. The decision of the City Council shall be final. Section 11: CEOA The mitigation fees adopted hereunder are exempt from the California Environmental Quality Act, Public Resources Code, Section 21080(b) for the reason that the fees are imposed for the purpose of purchasing materials and for obtaining funds necessary to maintain service within existing service areas. 4 Section 12: Judicial Review In accordance with the provisions of the Government Code of the State of California, any judicial action or proceeding to attack, review, set aside, void or annul this Ordinance shall be commenced within 120 days of the date of adoption of this Ordinance. California Code of Civil Procedure, Section 1094.6 is hereby adopted and made applicable to any judicial review of any decision made by the City Council, or its agents, representatives or employees. Section 13: Severability If any section, subsection, sentence, clause or phrase is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. The City Council hereby declares that it would have passed those sections, subsections, clauses and phrases irrespective that one or more may be declared invalid or unconstitutional. Section 14: Effective Date This Ordinance shall become effective 60 days after it is passed. Section 15: Publication This Ordinance shall be published in its entirety at least once in the Record Gazette or the Press -Enterprise within fifteen (15) days after its adoption. 1999. PASSED, APPROVED, AND ADOPTED on this 14th day of September CITY OF BEAUMONT /-y -2 ICE C. LEJA, May 5 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 795 duly introduced at a regular meeting of the City Council held on AegSs:t24,14999 , 1999, and duly adopted upon a second reading on September 14, 1999 , 1999, upon the following vote: AYES: Mayor Leja, CouncilMembers Berg, DeForge, and Zeller. NOES: None ABSTAIN: None. ABSENT: Council Member Westcot. (SEAL) CITY CLE , CITY OBEAUMONT 6 City of Beaumont Traffic Signal, Railroad Crossing and Fire Station Impact Mitigation Fee Calculation I. Assumptions' A. Transportation Equivalent Dwelling Units (EDU's) 1. Residential: 9.55 Average Daily Trips (ADT) per dwelling unit (DU). 2. Commercial/Industrial: 163.85 ADT per gross acre or 17.15 EDU per gross acre (AC). B. Non -transportation EDU's 1. Residential: 1 EDU per DU. 2. Commercial/Industrial: 10 EDU per AC. C. General Plan Authorized New EDU's 1. Transportation EDU's a. Residential: 32,000 EDU b. Commercial/Industrial: 1,965 AC x 17.15 EDU/AC = 32,700 EDU. TOTAL TRANSPORTATION EDU'S: 64,700 EDU 2. Non -transportation EDU's a. Residential: 32,000 EDU b. Commercial/industrial: 1,965 AC x 10 EDU/AC = 19,650 EDU TOTAL NON -TRANSPORTATION EDU'S: 51,650 II Traffic Signal Fee Calculation A. Assumptions 1. Average Traffic Signal Cost (inc. engineering): $175,000 each (EA) 2. Traffic Signals Required: 65 All equivalent dwelling unit factors are based on the City of Beaumont Community Facilities District 93-1 factors as set forth in the adopted Rate and Method of Special Tax Apportionment. All equivalent dwelling unit totals are based upon projections for residential, commercial and industrial development contained in the City of Beaumont General Plan. B. Fee Calculations 1. Total Traffic Signal Cost: $11,375,000 2. Traffic Signal Fee: $11,375,000/64,700 EDU = $176 per EDU III. Railroad Crossing Fee Calculation A. Assumptions 1. Average Grade Separation Cost: $3,211,200 EA 2. Grade Separations Required: 4 B. Fee Calculation 1. Total Grade Separation Cost: $12,844,800 2. Grade Separation Fee: $10,137,600/64,700 = $199 per EDU IV Fire Station Fee Calculation A. Assumptions 1. Fire Station Cost: $3,110,664 EA 2. Fire Stations Required: 3 B. Fee Calculation 1. Average Fire Station Cost: $9,000,000 2. Fire Station Fee Calculation: $9,000,000/51,650 = $181 per EDU FEE SUMMARY Traffic Signal Fee: Railroad Crossing Fee: Fire Station Fee: $176 per EDU $199 per EDU $181 per EDU Cost Assumption Details: I. Railroad Crossings A. Locations 1. Pennsylvania Avenue 2. Viele Avenue 3. San Timoteo Creek Crossing west of Interstate 10 4. California Avenue B. Average Dimensions of Structures and Approaches 1. 88' x 300' for each structure 2. 100' x 600' for each approach C. Average Cost of Structures and Approaches 1. Structures: $90.00 per square foot plus 20% for engineering, plan check and inspection Subtotal $2,851,200 2. Approaches: $5.00 per square foot plus 20% for engineering, plan check and inspection Subtotal $360,000 II Fire Stations A. Locations 1. South of Interstate 10 and east of Beaumont Avenue 2. South of Interstate 10 and west of Beaumont Avenue 3. North of Interstate 10 and west of Beaumont Avenue B. Land Costs 1. 1 acre at $4.50 per square foot 2. Site improvements at $2.00 per square foot plus 20% for engineering, plan check and inspection Subtotal $300,564 C. Building and Equipment Costs 1. 20,000 square feet at $65.00 per square foot plus 20% for architecture, plan check and inspection Subtotal $1,560,000 2. Station equipment lump sum $1,250,000