4655ORDINANCE NO. 4655
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
CHAPTER 17.30 TO TITLE 17 OF THE ANAHEIM
MUNICIPAL CODE ESTABLISHING AN INTERIM FEE FOR
PUBLIC IMPROVEMENTS IN THE ANAHEIM STADIUM
BUSINESS CENTER.
WHEREAS, that portion of the City of Anaheim bounded on
the east by the Santa Ana River, on the south by the Anaheim city
limits, on the west by the Santa Ana Freeway, and on the north by
the Southern California Edison Easement (hereinafter referred to
as the "Anaheim Stadium Business Center") is presently generally
zoned and developed with low-rise, low -intensity industrial land
uses; and
WHEREAS, due to the location of the Anaheim Stadium
Business Center, numerous high-rise, high-intensity office and
other intense land uses and developments have been proposed,
approved, or are in the planning stages; and
WHEREAS, the existing public improvements in the Anaheim
Stadium Business Center are adequate for the existing land uses;
and
WHEREAS, the existing public improvements are undersized,
inadequate, and lacking in capacity for the proposed and
anticipated high-rise, high-intensity office and other intense
land uses and developments; and
WHEREAS, it is necessary and desirable in furtherance of
the public health, safety and general welfare to study and
determine methods to finance and pay for needed public
improvements including, but not limited to, sewers, drainage
systems, streets and sidewalks, transit and transportation
systems, fire stations, and police stations among others
(hereinafter "Public Improvements"); and
WHEREAS, the studies required to determine the
appropriate methods to finance, pay for, and provide Public
Improvements will require extensive study, hearings and an
extended period of time for adoption and implementation; and
WHEREAS, imposition of an interim fee is necessary and
desirable and in the public interest to:
(a) require that any project being built prior to the
adoption of a permanent financing plan participate in the
provision of Public Improvements which benefit said project,
(b) avoid the imposition of even higher fees on projects to
be developed later by requiring participation by current
developments,
(c) help insure that funds are available to provide Public
Improvements to benefit, and made necessary by, such current
developments; and
(see also Ord. 4690)
WHEREAS, the cost of Public Improvements made necessary
by such anticipated high-intensity uses have been estimated; and
WHEREAS, the cost of Public Improvements divided by the
square footage of buildings anticipated in the Anaheim Stadium
Business Center has been calculated to equal $7.97 per square foot
of building area.
NOW, THEREFORE, THE CITY OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
That Title 17 of the Anaheim Municipal Code be, and it is
hereby, amended by adding thereto Chapter 17.30 to read as follows:
"CHAPTER 17.30
INTERIM DEVELOPMENT FEES -
ANAHEIM STADIUM BUSINESS CENTER
SECTION 17.30.010 Statement of Purpose
It is the purpose of this chapter to
promote the public health, safety, and general welfare
by imposing and establishing a fee to provide for public
improvements made necessary by proposed and anticipated
high-intensity and high-density development in that area
(hereinafter referred to as the Anaheim Stadium Business
Center) bounded on the east by the Santa Ana River, on
the south by the Anaheim city limits, on the west by the
Santa Ana Freeway, and on the north by the Southern
California Edison easement, which easement is generally
located parallel to and north of Katella Avenue.
SECTION 17.30.020 Imposition of Interim Fee
a. There is hereby imposed on all owners or
developers of buildings or structures within the Anaheim
Stadium Business Center hereafter constructed, enlarged,
or modified in use wherein the proposed use is changed
to a more intensive use, an interim fee in the amount of
$4.12 per square foot of gross floor building area.
b. The interim fee imposed by the preceding
paragraph a shall be reduced to $1.05 per square foot of
gross building floor area in those cases where each of
the following conditions exist:
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(1) The building is to be built on property
which on the effective date of this Ordinance is either:
(a) zoned CO (Commercial Office and
Professional) in an area designated Commercial
Professional on the City General Plan and such use of
said building is permitted by Section 18.41.020 of the
Anaheim Municipal Code; or
(b) zoned CL (Commercial Limited) in an
area designated General Commercial on the City General
Plan and such use of said building is permitted by
Section 18.44.020 of the Anaheim Municipal Code; or
(c) zoned C-R (Commercial Recreation) in
an area designated Commercial Recreation on the City
General Plan and such use of said building is permitted
by Section 18.48.020 of the Anaheim Municipal Code;
(2) The building is to be built in
conformance with plans having final discretionary
approval by the Anaheim Planning Commission or City
Councilprior to the effective date of this ordinance;
and
(3) The owner or developer shall either, on
the effective date of this ordinance, (a) own the
property where the building is proposed, (b) have a
lease of the property for at least 25 years; or (c) have
a binding agreement to purchase the property.
C. The interim fee imposed by paragraph a shall
be reduced to $2.10 per square foot of gross building
floor area in those cases where each of the following
conditions exist:
(1) The building is to be built in
conformance with plans having final discretionary
approval by the Anaheim Planning Commission or City
Council prior to the effective date of this ordinance;
and
(2) The owner or developer shall either, on
the effective date of this ordinance (a) own the
property, (b) have a lease of the property for at least
25 years, or (c) have a binding agreement to purchase
the property.
SECTION 17.30.030 Collection of Fee
The interim fee imposed by this
ordinance shall be due and payable:
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a. prior to the issuance of any building permit
by the City of Anaheim; or
b. prior to occupancy of the building or
structure where no building permit is required from the
City of Anaheim for the building or structure.
The Chief Building Official shall
collect said fees.
SECTION 17.30.040 Exoneration of Obligation
The obligation imposed by this
chapter shall be exonerated by payment of the fee to the
City of Anaheim.
SECTION 17.30.050 Methods of Payment
The fee imposed by this chapter may
be paid in accordance with one of the following
alternatives:
a. By payment in full at the time of issuance of
the building permit or prior to occupancy of the
building (if no building permit is required); or
b. For those fees imposed pursuant to Section
17.30.020a by payment in full prior to issuance of a
certificate of occupancy if the permittee shall post
with the City of Anaheim, prior to issuance of the
building permit, a bond in a penal sum of one hundred
twenty-five percent (125%) of the fee to assure payment
of the fee and performance of the obligations imposed by
this chapter. The fee shall be increased at the rate of
twelve percent (12%) per annum, or an amount equal to
the rate of return on the City's invested surplus funds
(as recomputed every six [6] months), whichever is
greater, from the date of issuance of the building
permit (or commencement of construction if no building
permit is required from the City of Anaheim) until
payment of the fee in full.
SECTION 17.30.060 Adjustment of Fee
The City Council of the City of
Anaheim may, periodically by resolution, adjust the
amount of the fee established by this chapter in
accordance with the construction cost index for
construction costs in the Los Angeles area published in
the Engineering News -Record Construction Cost Index.
SECTION 17.30.070 Exemptions
This chapter shall not apply to:
a. Any structure or any portion thereof devoted
to parking of automobiles.
b. Conversion of a building or structure to a
similar or less intensive land use.
C. Reconstruction of any building or structure
destroyed by fire or other natural cause.
d. Construction of any building or structure
approved by the City of Anaheim under a Development
Agreement entered before the effective date of this
ordinance.
e. Any building or structure wherein the proposed
use is a permitted use under Section 18.61.020 of the ML
(Limited Industrial) Zone.
SECTION 17.30.080 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."
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance, 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. CERTIFICATION
The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be printed once within
fifteen (15) days after its adoption in the Anaheim Bulletin, a
newspaper of general circulation, published and circulated in said
City, and thirty (30) days from and after its final passage, it
shall take effect and be in full force.
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THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 10th day of December, 1985.
ATTEST:
C
CLERK OF THE CITY OF AN7=M
MES: fm
4244M
120285
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. 4655 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 24th day of September, 1985,
and had amended first reading on November 26, 1985, and was again amended and
had first reading on December 3, 1985, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 10th day of
December, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4655 on the 10th day of December, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 10th day of December, 1985.
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 Ordinance No. 4655 and was published once in the
Anaheim Bulletin on the 20th day of December, 1985.
CITY CLERK