5380FOLLOWS:
ORDINANCE NO. 5380
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ADDING CHAPTER 17.32 TO TITLE 17
OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING A
TRANSPORTATION IMPACT AND IMPROVEMENT FEE FOR
NEW DEVELOPMENT.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That new Chapter 17.32 be, and the same is hereby added
to Title 17 of Municipal Code to read as follows:
"Chapter 17.32. TRANSPORTATION IMPACT AND
IMPROVEMENT FEE.
SECTION 17.32.010 STATEMENT OF PURPOSE
In order to implement the goals and objectives of the
Circulation Element of the City of Anaheim's General
Plan, and to mitigate the traffic impacts caused by new
development in the City of Anaheim, certain public
street improvements must be constructed. The City
Council has determined that a transportation impact fee
is needed in order to finance these public improvements
and to pay for new development's fair share of the
costs of these improvements. 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 housing needs as established in the Housing
Element of the General Plan.
SECTION 17.32.020 ANAHEIM MASTER PLAN OF ARTERIAL
HIGHWAYS IMPROVEMENT FEE.
A Transportation Impact and Improvement fee is hereby
established on issuance of all building permits for new
development in the City to pay for the Highway Master
Plan (the "Transportation 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 (the
"Master Plan of Highways Public Facilities"), describe
the estimated cost of these facilities, describe the
reasonable relationship between this fee and the
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various types of new developments and set forth time
for payment. As described in the fee resolution, the
Transportation Fee shall be paid by each owner or
developer prior to issuance of a building permit.
Section 17.32.030 REVIEW AND ADJUSTMENT OF FEE
On an annual basis, the City Council shall review the
Transportation 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, adust the amount of the Transportation 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 in right-of-way acquisition costs.
SECTION 17.32.040 EXEMPTIONS.
This Chapter shall not apply to:
.010 Any structure or any portion thereof devoted
to parking of automobiles.
.020 Conversion of a building or structure to a
similar or less intensive land use.
.030 Reconstruction of any building or structure
destroyed by fire or other natural cause.
.040 Construction of any building or structure
approved by the City of Anaheim under a Development
Agreement entered into before the effective date of
this ordinance.
.050 That portion of any building or structure
('new structure') which is constructed 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 square footage of the original structure shall be
deducted from the square footage of the new structure.
.060 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.
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.070 Any structure or portion thereof devoted to
affordable housing and subject to an affordable housing
agreement.
.080 Any structure or portion thereof devoted to
child care facilities provided as part of an employment
center.
.090 Construction of public schools.
.110 Any structure or portion thereof within
office development used for video conference
facilities.
SECTION 17.32.050 AGENCY PAYMENT OF FEES
If the Anaheim Redevelopment Agency finds that the
development in question will provide substantial
benefits to the welfare of the citizens of the City,
the agency may 1) make a payment of the Traffic Fee in
lieu of the owner or developer paying the fee; or 2)
construct or cause to be constructed a Master Plan of
Highways Public Facility in lieu of the owner or
developer paying the fee or constructing the facility.
SECTION 17.32.060 LIMITED USE OF FEES.
The revenues raised by payment of the Transportation
Fee shall be placed in a separate and special account,
and such revenues, along with any interest earnings on
that account, shall be used solely to pay for the
City's future construction of Master Plan of Highways
Public Facilities or to reimburse the City for such
Facilities constructed by the City with funds advanced
by the City from other sources.
SECTION 17.32.070 CREDITS.
.010 Construction of Facility. Whenever an owner
or developer is required, as a condition of approval of
a development permit, to construct a Master Plan of
Highways Public Facility and when such construction is
necessary to provide efficient and timely construction
of the facilities network, 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
Traffic Transportation Manager and that engineering
costs are limited to amounts specified in the
Intermodal Surface Transportation Efficiency Act.
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.020 Duplicative Fees. Interim Development Fees
for the Anaheim Stadium Business Center and fees paid
for participation in the Santa Ana Canyon Road
Community Facilities District or for any other 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 road and improvement purposes for a
Master Plan of Highways 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.
SECTION 17.32.080 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 transportation
impacts of that development and either the amount of
the 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
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.
SECTION 17.32.090 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."
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SECTION 2.
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 and for
all other types of development thirty (30) days following its
passage.
SECTION 3. 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 4. 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.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 29th day of JUNE ,
1993.
MAYOR -OF THE MTY OF OAHEIM
ATT
CITY CLERK -OF TI.E CITY OF ANAHEIM
SJM:dnl
032493
386.02
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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. 5380
was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 22nd day of June, 1993,
and that the same was duly passed and adopted at a regular meeting of said City Council held on the 29th day of
June, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pickier
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5380 on the 30th day
of June, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 30th
day of June, 1993.
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. 5380 and was published once in the Anaheim Bulletin on the 8th day of July, 1993.
CITY CLERK OF THE CITY OF ANAHEIM