RES-2015-213RESOLUTION NO. 2015- 213
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING NEW FEE SCHEDULES FOR THE
PUBLIC WORKS DEPARTMENT OF THE CITY OF
ANAHEIM
WHEREAS, the Anaheim Municipal Code and the provisions of state law
authorize the City Council of the City of Anaheim ("City Council") to establish fees and rates of
charges for the purpose of defraying the costs and expenses to the City of Anaheim (the "City")
of permits, map filing, map checking, inspection, sewer assessment and impact, transportation
impact and improvement, storm drain impact, and other services and activities relating to the
Anaheim Public Works Department (the "Department"); and
WHEREAS, said costs and expenses include labor costs incurred by City staff
and its consultants in reviewing, analyzing and processing of permit applications and providing
services and other direct and indirect costs incurred by the City relating thereto (the "Public
Works Fees"); and
WHEREAS, the City Council has heretofore established fees and rates of charges
for such purposes pursuant to authorization of the Anaheim Municipal Code and in accordance
with the requirements of state law; and
WHEREAS, due to increases in labor and materials costs, and the desire to
impose fees and rates which more fully recover the actual costs incurred by the City in
processing said applications and providing said services, as calculated and provided in cost of
service studies (the "Cost Studies"), it is in the public interest and general welfare to amend said
Public Works Fees in the manner hereinafter set forth; and
WHEREAS, the City has been working with developers in the Platinum Triangle
concerning the formation of a community facilities district being proposed to finance various
infrastructure improvements, including storm drain and traffic improvements; and
WHEREAS, the proposed improvements are mitigation measures required to
support the increased density in the Platinum Triangle; and
WHEREAS, an adjustment in fees is necessary to insure adequate fees are
collected for development in the Platinum Triangle, which may occur prior to the formation of
the community facilities district; and
WHEREAS, the improvements to be funded by the Supplemental Fees for the
Platinum Triangle (the "Supplemental Fees") are identified in the Platinum Triangle
Implementation Plan (the "Implementation Plan"); and
WHEREAS, the Implementation Plan and Cost Studies are hereinafter referred to
as "Fee Studies"; and
WHEREAS, the Public Works Fees and Supplemental Fees are together
hereinafter referred to as the "Fees"; and
WHEREAS, said Fees as hereinafter iet forth have been considered at a duly
noticed public meeting or hearing as required by law; and
WHEREAS, a copy of this resolution wasmade available for public inspection
and review fourteen (14) days prior to the public he ring; and
WHEREAS, the City Council finds that said Fees, in the amount hereinafter set
forth in this resolution, are less than or equal to, but in any event do not exceed, the actual direct
and indirect costs and expenses incurred by the City of Anaheim in providing said services; and
WHEREAS, the City Council, after due consideration of all evidence, testimony
and reports offered at the public hearing does find as follows with respect to the Fees:
A. The purpose of establishing the Fees is to finance improvements and
additions to facilities and infrastructure to support an increase in demand on the facilities,
services and infrastructure made necessary by new development and expansion of and additions
to existing development within the City.
B. The Fees collected pursuant to this resolution shall be used to finance only
the additional and improved facilities, services and infrastructure set forth in the attached Fee
Schedule, attached hereto as Exhibit "A", which additional facilities, services and infrastructure
are needed to augment existing facilities and infrastructure serving the City, and to offset the
impacts of new development and expansion of and additions to existing development within the
City.
C. The facts and evidence presented establish that there is a reasonable
relationship between the need for the described facilities, services and infrastructure and the
impacts of the types of development, for which the corresponding Fees are charged and also that
there is a reasonable relationship between the use of the Fees and the type of development for
which the Fees are charged in that the additional facilities and infrastructure accommodate the
additional demand generated by development, as is described further and in more detail in the
Fee Studies.
E. The cost estimates set forth in the Fee Studies are a reasonable cost
estimate for adding to the related facilities and infrastructure and the Fees to be generated by the
construction of new residential, commercial, entertainment, amusement, and industrial
developments and expansions and additions to such existing development will not exceed the
total of these costs.
2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ANAHEIM AS FOLLOWS:
Section 1. SERVICE FEES, PERMIT FEES AND IMPACT FEES
A. Adoption of Schedules. The Fees to be charged and collected by the Public
Works Department of the City of Anaheim shall be as set forth in Exhibit "A", which is attached
hereto and incorporated herein by reference.
B. Incorporation of Exhibit. Exhibit "A", inclusive, referred to and adopted
pursuant to paragraph A of this Section 1 is hereby incorporated herein by this reference as if set
forth in full. The fees and rates set forth in the Exhibit are based on full processing costs, which
are defined as the direct cost required to receive, review, check, analyze, and take action upon
applications, and provide inspection, re -inspection and other services, plus applicable overhead
costs as determined pursuant to the Fee Studies, which are on file in the Department of Public
Works. All costs for consultant services, inclusive of any applicable in-house administrative
costs, for services which cannot be completely processed in-house shall be borne by the
applicant. Any fees and charges incurred pursuant to this resolution shall be deemed a debt due
and owing to the City of Anaheim by the applicant until paid in full.
C. Flat Fees. Where applicable, flat fees have been established for certain
services where the average cost is subject to minimum fluctuation. These flat fees are as set
forth in the respective Exhibits incorporated into this resolution.
D. Fees Based on Hourly Charges. Where applicable, hourly charges shall be
accumulated for processing of the regulated activities, and the applicant shall pay all such
accumulated charges (less any deposits made pursuant to Section 2 below) prior to final action
on the permit or project , or as soon thereafter as such costs may be finally determined. The
payment of such costs may be made a condition of approval for any such permit or final project
approval. If payment is not received within fifteen (15) working days after the invoice due date,
all processing activities related to the regulated activities will be terminated until payment is
received.
Section 2. SERVICE FEE DEPOSITS
A. Required Deposits. In cases where an hourly rate is being charged, as opposed
to a flat fee, each applicant shall place on deposit with the City the sum specified in Exhibit "A"
under the heading "Service Fee Deposits" for the applicable project. Deposits have been
estimated to represent the minimum amount required to process each project. The costs of an
individual project may be significantly more than the Minimum Initial Deposit amount.
B. Credits Against Deposit. Hourly charges incurred in the processing of the
development project will be credited against the Minimum Initial Deposit amount on hand until
all processing of the development project by the City has been completed and all costs incurred
have been paid.
C. Additional Deposit(s) Required. If at any time, or from time to time, the
accumulated charged credited against the Minimum Initial Deposit (or any prior Additional
Deposit) result in the remaining deposit amount being reduced below twenty-five percent (25%)
of the Minimum Initial Deposit, and in the opinion of the Project Manager, the remaining deposit
amount will be insufficient to cover the cost of the remaining charges likely to be incurred by the
City in processing such development project petition or application, the Department of Public
Works shall immediately notify the applicant of the additional amount required to be deposited
by the applicant to continue the processing of such project (the "Additional Deposit"). The
amount of any such Additional Deposit shall be sufficient to increase the balance to fifty percent
(50%) of the Minimum Initial Deposit. During the processing of any project, more than on
Additional Deposit may be required. If the amount of any such Additional Deposit is not
received by the City within fifteen (15) working days after the due date set forth in the
replenishment request, all then -current development project processing activities will be
terminated until payment is received. In the event of such cessation of activity, all time limits
provided for under state statutes for completion of development projects will be suspended for
the duration thereof to the extent permitted by law.
Section 3. REFUNDS
If the amount on the deposit exceeds all accumulated costs at the time of the final action
on the subject application and/or project services, the excess deposit amount shall be refunded to
the applicant.
Section 4. SUPPLEMENTAL FEES- PLATINUM TRIANGLE PROJECT AREA
(a) In addition to the Public Works Fees set forth in subsections 1 and 2
above, additional fees for traffic impact, storm drain impact, sewer impact and arterial highway
beautification (the "Supplemental Fees") shall be charged for new and expanded development
within the Platinum Triangle Mixed Use Overlay Zone at the rates shown on the Fee Schedule,
attached hereto as Exhibit "A" and incorporated herein by reference.
(b) The Supplemental Fees shall be solely used to pay for those services,
facilities, improvements and infrastructure as they relate to traffic improvements, storm drain
improvements, sewer improvements and arterial highway improvements within the PTMU
Overlay Zone as described in the Platinum Triangle Implementation Plan, previously approved
and incorporated herein by the City Council, a copy of which is on file in the Department of
Public Works.
BE IT FURTHER RESOLVED as follows:
1. The Fees set forth in Exhibit A, attached hereto and incorporated by this
reference herein, shall be, and are hereby, adopted.
2. The Fees established herein shall become effective sixty (60) days
following the date of adoption of this Resolution.
11
3. The Fees established herein shall, upon becoming effective, supersede any
fees previously adopted for the same purposes.
4. The City Council hereby declares that should any one or more of the fees
established by this Resolution or any portion of this Resolution be declared for any reason to be
invalid, it is in the intent of the City Council that it would have adopted all other fees and portion
of this Resolution independent of the elimination therefrom of any such fee or such portion as
may be declared invalid.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 16th day of June , 2015, by the following roll call
vote:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman,
and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
50L Z�2
CITY CLERK OF THE CITY OF ANAHEIM
108964
5
CITY OF ANAHEIM
A:.��I
MAYOR OF THE CITY OF ANAHEIM