The City Council of the City of Orange finds and declares that all recitals set forth in the preamble of the ordinance codified in this chapter are true and such recitals are incorporated in this chapter and set forth as findings of the City Council; and the City Council does further find and declare as follows:
A.
The State of California, through the enactment of Section 66000 et seq. of the Government Code of the State of California, also known as the Mitigation Fee Act, has determined the nexus that must be established in the enactment of development impact fees.
B.
The imposition of development impact fees is one of the preferred methods of ensuring that development bears a proportionate share of the cost of public facilities and services necessary to accommodate such development. This must be done in order to promote and protect the public health, safety and welfare.
C.
This chapter recognizes that new residential development projects within the City will result in additional growth and that such growth will place additional burdens on park and recreational facilities, infrastructure and services, necessitating the acquisition of land and construction of park and recreational facilities and expansion of services and infrastructure in order to meet and accommodate new residential development projects.
D.
New residential development projects should bear a proportionate financial burden in the construction and improvement of park and recreational facilities necessary to serve them.
E.
The cost of providing park and recreational facilities occasioned by new residential development projects exceeds the revenue generated by fees exacted from the residential development projects.
F.
In adopting fees authorized by this chapter, the City shall establish the fees based upon the costs generated through the need for new park and recreational facilities and other capital acquisition costs required, incrementally, by new residential development.
G.
The fees established by this chapter shall not exceed the reasonable cost of providing park and recreational facilities occasioned by new residential development projects.
H.
The fees established by this chapter shall bear a rational relationship to the reasonable cost of providing park and recreational facilities occasioned by new residential development projects.
I.
The fees established by this chapter are consistent with the goals and objectives of the City's general plan and are designed to mitigate the impacts caused by new residential development referenced in this chapter throughout the City. Development impact fees are necessary in order to finance the required park and recreational facilities and to pay for new residential development's fair share of their costs.
J.
Imposition of fees to finance park and recreational facilities required by new residential development is necessary in order to avoid adversely impacting existing park and recreational facilities and services.
(Ord. 04-20, 2020)