ORD-2006-008 - ORANGE COUNTY EDUCATIONAL FACILITIES IMPACT FEE ORDINANCE AMENDMENTS

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0P1V- aoo6 -06C91 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 27, 2006 Action Agenda Item No. D.1 SUBJECT: Orange County Educational Facilities Impact Fee Ordinance Amendments DEPARTMENT: Planning and Inspections ATTACHMENT(S): 1. Copy of Educational Facilities Impact Fee Ordinance with Proposed Amendments PUBLIC HEARING: (Y /N) Yes INFORMATION CONTACT: Craig Benedict, (919) 245 -2592 Geof Gedhill PURPOSE: To receive public comment on proposed amendments to the Orange County Educational Facilities Impact Fee Ordinance intended to differentiate between single family detached residential dwelling units and all other residential types, and to define where an impact fee exception may be appropriate when a dwelling unit is moved to a new lot. BACKGROUND: The Orange County Educational Facilities Impact Fee Ordinance, adopted in 1993 and amended in 1995, 1996, and 2001, needs further amendments to provide clarification and aid in administration of the Ordinance. Amendments to the following sections of the Ordinance are proposed:. SECTION 2 — DEFINITIONS: Amend the definition of Dwelling Unit consistent with the State Building Code and provide definitions and examples for the following terms: single family detached, all other residential types, and new residential dwelling unit. The Ordinance identifies two levels of impact fee in each school district based on the type of new residential dwelling unit. A "single family detached residential dwelling unit" is charged a higher fee than "all other residential types." Proposed amendments provide definitions and examples for the residential types to ensure that a fee payer is assessed at the proper rate. SECTION 4 — PUBLIC SCHOOL IMPACT FEE EXCEPTIONS Add an impact fee exception when a dwelling unit is moved to a new lot. Impact fees are not imposed on structures and buildings that existed on the effective date of the Educational Facilities Impact Fee Ordinance or that, if constructed or erected after the effective date of the Ordinance, have been determined in the Ordinance will not materially affect current levels of service of public school facilities. It is proposed to add to this class of buildings or structures a residential dwelling unit which is moved to a previously undeveloped lot and where the lot from which the moved residential dwelling unit was located and the lot to which the moved residential (! :C:ompisl!u!sivc I la!uuns; 1 in GI '''2006 Public I k aIilw I -CI) 2' QIII I�schoolsinII)IMI ccO!d I duel' aeili ties III pac tl�co0!'dA1IIdI0b,.doc