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HomeMy WebLinkAboutRES-2017-018 Resolution Regarding Grandfathering of Projects for School Impact Fees Collection Purposes Revisions to RES-2016-083 (4/4/2017) p)q! q1 I db1) /0 CL Resolution #: RES-2017-018 RESOLUTION REGARDING GRANDFATHERING OF PROJECTS FOR SCHOOL IMPACT FEE COLLECTION PURPOSES WHEREAS, on November 15, 2016 the Orange County Board of Commissioners adopted amendments to Chapter 30, Article II — Educational Facilities Impact Fee of the Orange County Code of Ordinances, and WHEREAS, the Orange County Board of Commissioners hereby provides technical guidance on "grandfathering," for school impact fee purposes, of projects that are currently in later stages of project development. BE IT RESOLVED THAT persons submitting a building permit application prior to January 1, 2017 may choose to pay either the public school impact fee that was in effect for 2016 for the housing type(s) proposed in the application or the fee required by the public school impact fee schedule in section 30-33 of Chapter 30, Article II of the Orange County Code of Ordinances, provided the building permit is issued no more than 180 calendar days after the application submittal date and a Certificate of Compliance (aka, Certificate of Occupancy) is issued no later than 365 calendar days after issuance of a building permit. If a building permit is not issued within 180 calendar days after the application submittal date or if a Certificate of Compliance is not issued within 365 calendar days of building permit issuance, the fee shall be the fee listed in section 30-33 of Chapter 30, Article II of the Orange County Code of Ordinances. BE IT FURTHER RESOLVED THAT projects for which a Zoning Compliance Permit has been issued prior to January 1, 2017 and for which a building permit application has been submitted prior to January 1, 2018 may choose to pay either the public school impact fee that was in effect for 2016 for the housing type(s) proposed in the application or the fee required by the public school impact fee schedule in section 30-33 of Chapter 30, Article II of the Orange County Code of Ordinances, provided the building permit is issued no more than 180 calendar days after the application submittal date and a Certificate of Compliance (aka, Certificate of Occupancy) is issued within 365 calendar days of building permit issuance. If a building permit is not issued within 180 calendar days after the application submittal date or if a Certificate of Compliance is not issued within 365 calendar days of building permit issuance, the fee shall be the fee listed in section of Chapter 30, Article II of the Orange County Code of Ordinances. BE IT FURTHER RESOLVED THAT projects of 90-units in size or greater for which a Zoning Compliance Permit application has been has been submitted prior to May 15, 2017 and for which a building permit application has been submitted prior to January 31, 2019 may choose to pay either the public school impact fee that was in effect for 2016 for the housing type(s) proposed in the application or the fee required by the public school impact fee schedule in section 30-33 of Chapter 30, Article II of the Orange County Code of Ordinances, provided the fee is paid prior to June 30, 2020 and a Certificate of Compliance is issued prior to December 31, 2020. BE IT FURTHER RESOLVED THAT applicants for additional grandfathering of projects of 90-units in size or greater that submit a zoning compliance permit application prior to May 15, 2017 may submit requests and supporting information no later than July 31, 2017 to Orange County Planning Staff who, in conjunction with the Orange County Attorney, will prepare agenda items for Orange County Board of Commissioners consideration at the next available regular meeting of the Orange County Board of Commissioners. 1 U on motion of Commissioner , seconded by Commissioner the foregoing ordinance was adopted this day of 2017. I, Din S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on 2017 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this J day of 2017. * Clerk to the Board of Commissioners 17 S2 ff¢ �xrnl�na