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25? RESOLUTION NO. 90-079 REL:mb(33) 1/19/90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SETTING THE FIRE FACILITIES FEE AND DESIGNATING THE FIRE FACILITIES FOR WHICH FEE REVENUES MAY BE EXPENDED WHEREAS, section 8-46 of the Santa Ana Municipal Code ("SAMC") establishes the authority for the City Council to set fees on development to pay for fire facilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF'-SANTA ~ANA 6S FOLLOWS: 1. The fee c~arged pursuant to SAMC section 8-46 until July 1, 1990 shall be $0.32 per square foot of floor area in the construction or improvement which is the subject of a building permit application for which payment of a fee is required by said section 8-46. On July 1, 1991 and thereafter on July 1 of each calendar year, the fee shall be adjusted to reflect the percentage of construction cost increase or decrease as published in the most recent Engineerin~ News Record Construc- tion Cost Index. 2. The purpose of the fee and the use to which the fee is to be put are identified in SAMC 8-46. The public facilities to be financed by the fee are identified in Exhibit A, attached hereto and incorporated herein. 3. The fee applies to all types of development projects which include the construction of a building in excess of two stories high. The use of the fee for the fire facilities identified in this resolution and the need for those fire facilities is reasonably related to such development projects because the expanding number of such development projects create the need for such fire facilities and are benefitted by the availability of such fire facilities. 4. A building is exempt from the payment of the fee imposed by this resolution in either of the following circum- stances: (a) State or Federal law requires such exemption; (b) Application for the building permit for such building was filed pursuant to Chapter 3 of the Building Code prior to the date on which notice of the public hearing on the fee imposed by this resolution was first published; provided, however, this exemption shall cease to apply if such application expires without issuance of the building permit, or if the building permit issued pursuant to such application expires without commencement of construction pursuant thereto.