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.
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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.
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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.
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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
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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