RES-2007-138City; and
RESOLUTION NO. 2007 1 3 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADDING A SEWER IMPACT AND
IMPROVEMENT FEE FOR THE COMBINED CENTRAL
AREA OF THE CITY OF ANAHEIM
WHEREAS, Title 10, Chapter 10.12, Section 10.12.085 of the Anaheim Municipal
Code authorizes the City Council of the City of Anaheim to establish from time to time, by
resolution, the charges to be made for any and all disposal connections with the Public Sewerage
System; and
WHEREAS, a City -wide sewer service fee is currently in effect for all areas of the
WHEREAS, in order to implement the goals and objectives of the "Combined Central
Anaheim Area Master Plan of Sanitary Sewers" for the Central Area of the City of Anaheim, dated
September 2006, and adopted in December, 2006, y 2006-255, and the goals and
b Resolution No. 2006 -255
objectives of Section 4 of "The Anaheim General Plan" adopted in May of 2004 and the "Combined
Central Anaheim Area Sanitary Sewer Financial Implementation Plan dated May 2007 (hereinafter
referred to collectively as "Studies and to mitigate deficiencies in the sewer system caused by new
development and/or by additions and expansions to existing development within the Central City
Area (CCA), the City Council has enacted Section 10.12.085 of the Anaheim Municipal Code and
has determined that additional sewer impact fees are needed to finance sewer improvements for new
and/or expanded developments in the Central City Area; and
WHEREAS, the Central City Area is as specifically shown in the Studies, and is
located generally east of Euclid, west of the Santa Ana River between the northerly City limits and
the southerly City limits, excluding therefrom the Platinum Triangle located in the southeast portion
of the Central City Area; and
WHEREAS, the City Council of the City of Anaheim did hold a public hearing on
July 17, 2007 to consider imposing an additional Sewer Impact and Improvement Fee for the
Combined Central City Area, "Sewer Fee notice of which hearing was given in the manner
required by law; and
WHEREAS, an analysis of the need for sewer improvements and for new and
expanded sewer facilities and improvements for new and expanded developments in the Central City
Area is set forth in the Studies referred to hereinabove; and
WHEREAS, said Studies list the specific improvements in the Central City Area to
be financed, describe the estimated costs of said improvements, set forth the relationship between
new development, the expansion of existing development and the needed facilities, and provide
estimates of costs for those improvements; and
WHEREAS, said Studies were available for public inspection and review fourteen
(14) days prior to the public hearing; and
WHEREAS, the City Council, after due consideration of all evidence, testimony and
reports offered at the public hearing does find as follows:
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A. The purpose of adding the Sewer Fee is to finance sewer facilities to reduce
the impacts on the sewer system caused by new development and expansion of existing development
within the Central City Area.
B. The additional Sewer Fees collected pursuant to this resolution shall be used
to finance only the sewer facilities shown in the "Combined Central Anaheim Area Master Plan of
Sanitary Sewers," the "Combined Central Anaheim Area Sanitary Sewer Financial Implementation
Plan," or the Anaheim General Plan.
C. The Studies, copies of which are available in the office of the City Engineer,
are approved and incorporated herein.
D. Development will generate additional sewer flow and will contribute to
existing sewer deficiencies within the Central City Area.
E. There is a need in the City of Anaheim for expanding the capacity for the
sewer system and for new and expanded construction to contribute its fair share towards these
facility costs. Said sewer facilities have been called for in, or are consistent with, the Land Use
Element of the City's General Plan.
F. The facts and evidence presented establish that there is a reasonable
relationship between the need for the described sewer facilities in the Central City Area and the
impacts on the sewer facilities by the types of development described in paragraph three (3) below,
for which the corresponding fee is charged, and, also there is a reasonable relationship between the
fee's use and the type of development for which the fee is charged in that these sewer facilities
accommodate the additional sewerage flow generated by such development. The reasonable
relationships or nexus are described in more detail in the Studies referred to above.
G. The cost estimates set forth in the "Combined Central Anaheim Area Sanitary
Sewer Financial Implementation Plan" study are reasonable cost estimates for constructing facilities,
and expanding facilities in the Central City Area..
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim as follows:
1. Definitions.
(a) "New Development" shall mean construction of residential buildings or
structures, original construction of commercial, industrial or other non residential buildings or
structures, or the addition of floor space to existing buildings or structures.
(b) "Exempted Development" shall mean development exempted by Section
10.12.085.040 of the Anaheim Municipal Code.
2. Continuation of Existing City -Wide Charges.
(a) The sanitation charges applicable to all residential, commercial and industrial
establishments within the City of Anaheim shall remain at the rates fixed by City Council for city-
wide sanitation service charges except for such additional charges as may be imposed hereunder.
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(b) The sanitation charges herein provided for are made solely for the privilege
of disposing of sewage into the Public Sewerage System, neither labor nor materials being provided
for herein. Further, if the City elects to, or has already installed a connection, the actual cost of
installation thereof shall be added to the applicable charge provided for herein.
3. Central City Area Fee
(a) In addition to the Sewer Fee set forth in subsection 2 above, an additional
sewer impact and development fee shall be charged for new and expanded development within the
Central City Area, (Sewer Fee) at the rates shown on the Sewer Fee Schedule, attached hereto as
Exhibit "A" and incorporated herein by reference which fee shall be paid upon issuance of any
building permit, except as otherwise provided by Section 66007 of the Government Code.
(b) The Sewer Fee shall be solely used to pay (1) for the described public facilities
to be constructed in the Central City Area as set forth in the "Combined Central Anaheim Area
Sanitary Sewer Financial Implementation Plan", previously approved and incorporated herein by the
City Council, a copy of which is on file in the Office of the City Clerk, and in the "Combined Central
Anaheim Area Master Plan of Sanitary Sewers," previously adopted by Resolution of the City
Council and currently on file in the Office of the City Clerk, and incorporated herein by reference;
or (2) for reimbursing the City for the development's fair share of those sewer facilities within the
Central City Area constructed by the City after the effective date of this Resolution.
4. Fee Review. On or about May 17, 2008 and each following year, the Public
Works Department shall review the estimated cost of the described sewer improvements, the
continued need for those improvements and the reasonable relationship between such need and the
impacts of the various types of development pending or anticipated and for which the sewer fees are
charged. The Public Works Department shall report its findings to the City Council at a noticed
public hearing and recommend any adjustment to these Sewer Fees or other action as may be needed.
BE IT FURTHER RESOLVED as follows:
1. The additional fees for the Central City Area, set forth in the CCA Sewer Fee
Schedule attached hereto as Exhibit "A and incorporated herein, shall be, and are hereby, adopted.
2. The additional fees for the Central City Area established herein shall become
effective sixty (60) days following the date of adoption of this Resolution.
3. The fees established herein shall, upon effectiveness, supersede any previously
adopted fees for the same permit or approval.
4. The City Council hereby declares that should any one or more fees established
by this Resolution or any portion of this Resolution be declared for any reason to be invalid, it is the
intent of the City Council that it would have adopted all other fees and portions of this Resolution
independent of the elimination herefrom of any such fee or such portion as may be declared invalid.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 7th day of August 2007 by the following roll -call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
65486.1
CLERK OF THE C NAHEIM
4
CITY ANAHEIM
MAYOR OF THE Y ANAHEIM
EXHIBIT A
SEWER IMPACT FEES
CENTRAL CITY AREA
Zone A Zone B Zone C Zone D
Single Family (per unit) $1,736 $1,448 $1,655 $1,724
Multi- Family (per unit) $1,736 $1,448 $1,655 $1,724
Corridor Residential (per unit) $1,736 $1,448 $1,655 $1,724
Office (per 1,000 sq ft of gross floor area) 655 546 625 651
Hotel/Motel (per room) 491 410 468 488
Mixed -Use Residential (per unit) $1,000 834 953 993
Mixed -Use Non Residential (per 1,000 sq ft of gross floor area) 681 567 649 676
Commercial (per 1,000 sq ft of gross floor area) 681 567 649 676
Industrial (per 1,000 sq ft of gross floor area) 476 397 454 473
Institutional (per 1,000 sq ft of gross floor area) 408 341 389 406
Quasi Public/Recreational (per 1,000 sq ft of gross floor area) 39 32 37 39
65486.1
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LEGEND
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Exhibit A
Study Area
Combined Central Anaheim Area
Master Plan of Sanitary Sewers
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LEGEND N
OCSD Trunk Sewer Financial Impact Zones
L Anaheim City Limits Zone A
Central Sewer Study Area Zone B
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Exhibit
Financial Impact Zones
Combined Central Anaheim Area
Master Plan of Sanitary Sewers
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