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RES-1989-440 RESOLUTION NO. 89R-440 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING THE AREAS OF BENEFIT AND APPROVING AN INTERIM INCREASE IN DEVELOPMENT FEES OF THE MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM FOR THE FOOTHILL/EASTERN TRANS- PORTATION CORRIDOR. WHEREAS, the City Council has previously found, pursuant to Resolution No. 85R-423 that the implementation of the Foothill/Eastern Transportation Corridor will help to relieve congestion on existing transportation systems within the the City of Anaheim (the "City"); and WHEREAS, pursuant to Ordinance No. 4640 of the City, the City Council adopted its major thoroughfare and bridge fee program (the "Fee Program") providing for fees (the "Development Fees") to be paid by building permit applicants in the City; and WHEREAS, it is now necessary to adopt an interim increase in the Development Fees in the amounts described in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, notice of a public hearing on the proposed increase of the Development Fee was given pursuant to the provisions of Ordinance No. 4640 and Sections 66484.3 and 65962 of the Government Code of the State of California; and WHEREAS, the property owners of a majority of the area of benefit described below did not file written protests to the increase of the Development Fees; and WHEREAS, pursuant to Section 66001 of the Government Code of the State of California, it is necessary that the City make certain findings in connection with the increase of the Development Fees. NOW THEREFORE BE IT FURTHER RESOLVED AS FOLLOWS: Section 1. The boundaries of the Area of Benefit shall be those portions of the real property located in the City of Anaheim which are described in the Major Thoroughfare and Bridge Fee Program for the Foothill/Eastern Transportation Corridor (the "Fee Program") attached as Exhibit A to the First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill/Eastern Transportation Corridor Agency, dated as of October 21, 1988 (the "JPA"). The Fee Program and JPA are on file in the City Clerk's office and are incorporated herein by reference. Section 2. The estimated cost of these major thoroughfares and bridges to be constructed pursuant to the fee program and JPA, excluding financing costs associated with such construction, is in 1988 dollars as follows: Foothill/Eastern Transportation Corridor $1,500 million The Fee Program is designed to collect 48.48% of the costs of construction of the Foothill/Eastern Transportation Corridor. Section 3. The interim increase of the Development Fees in accordance with the Schedule attached hereto as Exhibit A, is hereby approved and ordered. It is hereby acknowledged that this interim increase will be reviewed by the City in calendar year 1990 to determine, among other things, an appropriate share of financing costs to be attributed to new development and to confirm the adequacy of the Fee Program. Section 4. The Development Fees for development within the Area of Benefit are based on the trip ends generated by the development as determined from the trip generation tables included in the Fee Program, and shall be assessed upon new development based upon the number of dwelling units included in the development (for residential projects) or the gross square footage of the development (for non-residential projects). Section 5. The purpose of the increase of the Development Fees IS to reflect certain cost increases in connection with the construction of bridges over waterways, railways, freeways and canyons, and construction of major thoroughfares in Orange County, as more fully described in the Fee Program and in the reports of the Transportation Corridor Agencies. Section 6. The Development Fees are to be used pursuant to the provisions of the Fee Program, and the provisions of the Fee Program are hereby ratified as if approved on the effective date of this Resolution. Section 7. The City Council hereby determines that there is a reasonable relationship between the use of the Development Fees and the type of development projects on which the Development Fees are imposed. This determination is based on the findings and determinations contained in the Fee Program, and in the reports of the staff and consultants to the Transportation Corridor Agencies, including, but not limited to, those related to user trip ends that originate, end or pass through the Area of Benefit described therein and that are attributable to new development. Section 8. The City Council hereby determines that there is a reasonable relationship between the need for the public facilities to be constructed with the proceeds of the Development -2- Fees and the type of development projects on which the Development Fees are imposed. This determination is based on the findings and determinations contained in the Fee Program and in the reports of the staff and consultants to the Transportation Corridor Agencies on this matter, including, without limitation, the analysis relating to the trip ends within the described Areas of Benefit as adjusted for the various land-use categories which are attributable to new development. Section 9. The City Council hereby determines that there is a reasonable relationship between the amount of the Development Fees and the cost of the Foothill/Eastern Transportation Corridor. This determination is based on the findings and determinations contained within the Fee Program and the reports of the staff and consultants to the Transportation Corridor Agencies, including the findings regarding trip ends within the Areas of Benefit attributable to new development. Section 10. The City Clerk is hereby directed to record a certifIed copy of this Resolution with the Recorder of the County of Orange. Section 11. This Resolution shall take effect on the date of the approval of the interim increase in Development Fees by the Board of Directors of the Foothill/Eastern Transportation Corridor Agency. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 28th day of November, 19 89. ATTEST: ~~ Jr <;;A- CITY CLERK OF THE CITY OF ANAHEIM ~~~~ SJM:db 3388L 112789 -3- CLERK 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 Resolution No. 89R-440 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 28th day of November, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 89R-440 on the 29th day of November, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of November, 1989. (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R-440 duly passed and adopted by the Anaheim City Council on November 28, 1989. ~'L /t ~ CITY CLERK OF THE CITY OF ANAHEIM EXHIBIT A SCHEDULE OF FEES FOOTHILL/EASTERN Zone A Single Dwelling Units (SDU) Multi Dwelling Units (MDU) Non-Residential (per sq. ft.) $2,327 $1,359 $ 3.23 Zone B Single Dwelling Units (SDU) Multi Dwelling Units (MDU) Non-Residential (per sq. ft.) $1,655 $ 963 $ 1.88 -4-