5490ORDINANCE NO. 5490
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING CHAPTER 10.12 OF TITLE 10
OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING A
SEWER IMPACT AND IMPROVEMENT FEE FOR NEW AND
EXPANDED DEVELOPMENT IN THE SOUTH CENTRAL
CITY AREA
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
FOLLOWS:
SECTION 1.
That Section 10.12.085 be, and the same is hereby, added to
Chapter 10.12 of Title 10 of the Anaheim Municipal Code to read
as follows:
"Section 10.12.085 SEWER IMPACT AND IMPROVEMENT FEE
(SOUTH CENTRAL CITY AREA)
11.010 STATEMENT OF PURPOSE
In order to implement the goals and objectives of the
"South Central Area Sewer Deficiency Study" for the
South Central City Area dated January 1993, adopted in
May of 1993, updated in February 1994 and adopted in
March of 1994, Section 4 of "The Anaheim Resort
Specific Plan" adopted September 1994, and the
"Sanitary Sewer and Storm Drain Financial
Implementation Plan for the South Central City Area"
dated August 1994, and to mitigate the deficiency in
the sewer system caused by new development and/or by
additions and expansions to existing development within
the South Central City Area of the City of Anaheim, the
City Council has determined that a sewer impact fee is
needed to finance these sewer improvements and to pay
for new developments and expansions and additions to
existing developments. The South Central City Area is
as specifically shown in the "Sewer Deficiency Study"
and is relatively bounded on the north by South Street,
on the south by Chapman Avenue, on the west by Euclid
Street, and on the east by Sunkist Avenue.
In establishing the fee described in the following
Sections, the City Council has found the fee to be
consistent with its General Plan and, pursuant to
Government Code Section 65913.2, has considered the
effects of the fee with respect to the City's sewer
needs as established in the "South Central Area Sewer
Deficiency Study" for the South Central City Area and
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the Anaheim Resort Specific Plan No. 92-2."
".020 ANAHEIM SEWER IMPACT FEE FOR SOUTH CENTRAL
CITY AREA
A Sewer Impact and Improvement fee is hereby
established for various customer classes applicable to
all new development and for expansions and additions to
existing developments in the South Central City Area
("Sewer Fee"). The City Council shall, by Council
resolution, set forth the specific amount of the fee,
describe the benefit and impact area on which the
development fee is imposed, list the specific public
improvements to be financed, describe the estimated
cost of these facilities, describe the reasonable
relationship between this fee and the various types of
new developments and set forth time for payment.
Except as otherwise provided in Section 66007 of the
Government Code, the Sewer Fee shall be paid by each
owner or developer prior to issuance of a building
permit.
11.030 REVIEW AND ADJUSTMENT OF FEE
On an annual basis, the City Council shall review the
Sewer Fee to determine whether the fee amounts are
reasonably related to the impacts of developments and
whether the described public facilities are still
needed. The City Council may, periodically by
Resolution, adjust the amount of the Sewer Fee
established by this Chapter in accordance with 1) the
construction cost index for construction costs in the
Los Angeles area published in the Engineering News -
Records Construction Cost Index and 2) the estimated
changes reflecting amendments or revisions to the South
Central Area Sewer Deficiency Study for the South
Central City Area.
".040 EXEMPTIONS.
This Chapter shall not apply to:
.010 Conversion of a building or structure to
a similar or less intensive land use.
.020 Reconstruction of any building or
structure destroyed by fire or other natural
cause.
.030 That portion of any building or
structure ("new structure") which is constructed
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as a replacement for a substantially similar use
of a building or structure ("original structure")
which existed on the property within ninety (90)
days immediately preceding commencement of such
construction. For purposes of calculating the fee
payable pursuant to this Chapter, the units and/or
floor area of the original structure shall be
deducted from the units and/or floor area of the
new structure.
.040 That portion of any building or
structure which is enlarged or expanded and which
portion existed on such property immediately prior
to commencement of such enlargement or expansion,
provided the use of such portion is not otherwise
changed. For purposes of calculating the fee
payable pursuant to this Chapter, the units and/or
floor area of the existing structure shall be
deducted from the units and/or floor area of the
total structure.
".050 CITY OF ANAHEIM PAYMENT OF SEWER FEES
If the City of Anaheim finds that the development in
question will provide substantial benefits to the
welfare of the citizens of the City, the City may 1)
make a payment of the Sewer Fee in lieu of the owner or
developer paying the fee; or 2) construct or cause to
be constructed a "South Central Area Sewer Deficiency
Study" Public Facility in lieu of the owner or
developer paying the fee or constructing the facility.
".060 LIMITED USE OF FEES.
The revenue raised by payment of the Sewer Fee shall be
placed in a separate and special account, and such
revenue, along with any interest earnings on that
account, shall be used solely to pay for the City's
future construction of Sewer Deficiency Study Public
Facilities within the South Central City Area or to
reimburse the City for such Facilities constructed by
the City with funds advanced by the City from other
sources.
".070 CREDITS.
.010 Construction of Facility. Whenever an
owner or developer is required, as a condition of
approval of a development permit, to construct a
Sewer Deficiency Study Public Facility within the
South Central City Area and when such construction
is necessary to provide efficient and timely
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construction of the facilities, a credit against
the fee which would otherwise be charged pursuant
to this Chapter on the development project shall
be available to the owner or developer upon
completion of the Facility (but only to the extent
of the fee), provided a project expenditure
certification is approved by the City Engineer and
that engineering costs are limited to amounts
specified in the South Central Area Sewer
Deficiency Study for the South Central City Area
and the Sanitary Sewer and Storm Drain Financial
Implementation Plan for the South Central City
Area.
.020 Duplicative Fees. Fees or payments
which are determined by the City Engineer to be
duplicative of the fees imposed by this Chapter
shall be credited against any fee (but only to the
extent of the fee) which would otherwise be
charged pursuant to this Chapter.
.030 Dedications. The reasonable value of
land dedicated for sewer improvement purposes for
a Sewer Deficiency Study Public Facility as said
value is determined by the City Engineer shall be
credited against any fee (but only to the extent
of the fee) which would otherwise be charged
pursuant to this Chapter.
.080 SEWER FEE ADJUSTMENTS.
An owner or developer of any project subject to the fee
imposed by this Chapter may apply to the City Council
for a reduction or adjustment to that fee, or a waiver
of that fee, based upon the absence of a reasonable
relationship or nexus between the sewer impacts of that
development and either the amount of the Sewer Fee
charged or the type of facilities to be financed. The
application shall be made in writing and filed with the
City Clerk not later than ten (10) days prior to the
public hearing on the development permit application
for the project, or if no development permit is
required, at the time of the filing of the request for
a building permit. The application shall state in
detail the factual basis for the claim of waiver,
reduction, or adjustment. The City Council shall
consider the application at the public hearing on the
permit application or at a separate hearing held within
sixty (60) days after the filing of the fee adjustment
application, whichever is later. The City Council
shall waive or adjust the fee where the City Council
finds, based upon substantial evidence in the record,
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that such waiver or adjustment is necessary to ensure
that said fee, if any, is related both in nature and
extent to the impact of the proposed project. The
decision of the City Council shall be final. If a
reduction, adjustment, or waiver is granted, any change
in use within the project shall invalidate the waiver,
adjustment or reduction of the fee.
11.090 ENFORCEMENT.
The City Attorney is hereby authorized and directed to
initiate such legal proceedings as may be necessary to
enforce the provisions of this Chapter.
11.100 EFFECTIVE DATE.
The fee authorized by this Chapter shall apply to the
issuance of any building permit for any residential
development issued sixty (60) days following this
ordinance's passage."
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 3. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
of any other ordinance of this City shall in any manner affect
the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be
construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions
of this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 4. EFFECTIVE DATE AND PUBLICATION.
This fees set forth by this ordinance shall become
effective sixty (60) days from and after the date of its adoption
by the City Council. The City Clerk shall cause this ordinance
to be published at least once in the official newspaper within
fifteen days after its adoption.
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THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 18th day of April , 1995.
MAYOR OF THE CYTY OF AT EIM
ATTEST:
CITY CLERK OF THE CIT OF ANAHEI
9311.1\CFLYNN\January 24, 1995 6
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance
No. 5490 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 4th
day of April, 1995, and that the same was duly passed and adopted at a regular meeting of said City Council
held on the 18th day of April, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: Lopez
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5490 on the
18th day of April, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 18th day of April, 1995.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Ordinance No. 5490 and was published once in the North Orange County News on the 27th day of April,
1995.
CITY CLERK OF THE CITY OF ANAHEIM