2005-184 RESOLUTION NO. 2005- 184
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADDING A SEWER IMPACT AND
IMPROVEMENT FEE FOR THE WEST AREA OF THE CITY
OF ANAHEIM.
WHEREAS, Title 10, Chapter 10.12, Section 10.12.020 of the Anaheim
Municipal Code authorizes the City Council of the City of Anaheim to establish from time to
time, by resolution, the charges to be made for any and all disposal connections with the Public
Sewerage System; and
WHEREAS, a City -wide sewer service fee is currently in effect for all areas of the
City; and
WHEREAS, in order to implement the goals and objectives of the "Combined
West Anaheim Area Master Plan of Sanitary Sewers" for the West Area of the City of Anaheim,
Second Revision, dated March, 2005, and adopted in May, 2005 by Resolution No. 2005 -83, and
the goals and objectives of Section 4 of "The Anaheim General Plan" adopted in May of 2004
and the "Combined West Anaheim Area Sanitary Sewer Financial Implementation Plan dated
May, 2005 (hereinafter referred to collectively as "Studies ") and to mitigate deficiencies in the
sewer system caused by new development and /or by additions and expansions to existing
development within the West City Area (WCA), the City Council has enacted Section 10.12.090
of the Anaheim Municipal Code and has determined that additional sewer impact fees are needed
to finance sewer improvements for new and/or expanded developments in the West City Area;
and
WHEREAS, the West City Area is as specifically shown in the Studies, and is
bounded on the north by the Anaheim City limits, on the south by the Anaheim City limits, on
the west by the Anaheim City limits and on the east by Euclid Street; and
WHEREAS, the City Council of the City of Anaheim did hold a public hearing on
September 13, 2005 to consider imposing an additional Sewer Impact and Improvement Fee for
the West City Area, ( "Sewer Fee "), notice of which hearing was given in the manner required by
law; and
WHEREAS, an analysis of the need for sewer improvements and for new and
expanded sewer facilities and improvements for new and expanded developments in the West
City Area is set forth in the Studies referred to hereinabove; and
WHEREAS, said Studies list the specific improvements in the West City Area to
be financed, describe the estimated costs of said improvements, set forth the relationship between
new development, the expansion of existing development and the needed facilities, and provide
estimates of costs for those improvements; and
WHEREAS, said Studies were available for public inspection and review fourteen
(14) days prior to the public hearing; and
WHEREAS, the City Council, after due consideration of all evidence, testimony
and reports offered at the public hearing does find as follows:
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A. The purpose of adding the Sewer Fee is to finance sewer facilities to
reduce the impacts on the sewer system caused by new development and expansion of existing
development within the West City Area.
B. The additional Sewer Fees collected pursuant to this resolution shall be
used to finance only the sewer facilities shown in the West Area Sewer Deficiency Study for the
West City Area, the "Combined West Anaheim Area Sanitary Sewer Financial Implementation
Plan", or the Anaheim General Plan.
C. The Studies, copies of which are available in the office of the City
Engineer, are approved and incorporated herein.
D. Development will generate additional sewer flow and will contribute to
existing sewer deficiencies within the West City Area.
E. There is a need in the City of Anaheim for expanding the capacity for the
sewer system and for new and expanded construction to contribute its fair share towards these
facility costs. Said sewer facilities have been called for in, or are consistent with, the Land Use
Element of the City's General Plan.
F. The facts and evidence presented establish that there is a reasonable
relationship between the need for the described sewer facilities in the West City Area and the
impacts on the sewer facilities by the types of development described in paragraph three (3)
below, for which the corresponding fee is charged, and, also there is a reasonable relationship
between the fee's use and the type of development for which the fee is charged in that these sewer
facilities accommodate the additional sewerage flow generated by such development. The
reasonable relationships or nexus are described in more detail in the Studies referred to above.
G. The cost estimates set forth in the "Combined West Anaheim Area
Sanitary Sewer Financial Implementation Plan" study are reasonable cost estimates for
constructing facilities, and expanding facilities in the West City Area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim as follows:
1. Definitions.
(a) "New Development" shall mean construction of residential buildings or
structures, original construction of commercial, industrial or other non - residential buildings or
structures, or the addition of floor space to existing buildings or structures.
(b) "Exempted Development" shall mean development exempted by Section
10.12.085.040 of the Anaheim Municipal Code.
2. Continuation of Existing City -Wide Charges.
(a) The sanitation charges applicable to all residential, commercial and
industrial establishments within the City of Anaheim shall remain at the rates fixed by City
Council for city -wide sanitation service charges except for such additional charges as may be
imposed hereunder.
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(b) The sanitation charges herein provided for are made solely for the privilege
of disposing of sewage into the Public Sewerage System, neither labor nor materials being
provided for herein. Further, if the City elects to, or has already installed a connection, the actual
cost of installation thereof shall be added to the applicable charge provided for herein.
3. West City Area Fee
(a) In addition to the sewer fee set forth in subsection 2 above, an additional
sewer impact and development fee shall be charged for new and expanded development within
the West City Area, (Sewer Fee) at the rates shown on the Sewer Fee Schedule, attached hereto
as Exhibit "A" and incorporated herein by reference which fee shall be paid upon issuance of any
building permit, except as otherwise provided by Section 66007 of the Government Code.
(b) The Sewer Fee shall be solely used to pay (1) for the described public
facilities to be constructed in the West City Area as set forth in the "Combined West Anaheim
Area Sanitary Sewer Financial Implementation Plan", previously approved and incorporated
herein by the City Council, a copy of which is on file in the Office of the City Clerk, and in the
"West Area Sewer Deficiency Study for the West City Area ", previously adopted by Resolution
of the City Council and currently on file in the Office of the City Clerk, and incorporated herein
by reference; or (2) for reimbursing the City for the development's fair share of those sewer
facilities within the West City Area constructed by the City after the effective date of this
Resolution.
4. Fee Review. On or about March 15, 2006 and each following year, the
Public Works Department shall review the estimated cost of the described sewer improvements,
the continued need for those improvements and the reasonable relationship between such need
and the impacts of the various types of development pending or anticipated and for which the
sewer fees are charged. The Public Works Department shall report its findings to the City
Council at a noticed public hearing and recommend any adjustment to these Sewer Fees or other
action as may be needed.
BE IT FURTHER RESOLVED as follows:
1. The additional fees for the West City Area, set forth in the WCA Sewer
Fee Schedule attached hereto as Exhibit "A ", and incorporated herein, shall be, and are hereby,
adopted.
2. The additional fees for the West City Area established herein shall become
effective sixty (60) days following the date of adoption of this Resolution.
3. The fees established herein shall, upon effectiveness, supersede any
previously adopted fees for the same permit or approval.
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4. The City Council hereby declares that should any one or more fees
established by this Resolution or any portion of this Resolution be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other fees and portions
of this Resolution independent of the elimination herefrom 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 13th day of September , 2005 by the following roll -call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSTAIN: None
ABSENT: None
CITY OF ANAHEIM
MAYOR OF THE ANAHEIM
ATTEST:
/
C LE • OF HE CITY OF ANAHEIM
58313.1
9310.1 \CFLYNN \August 30, 2005 4
EXHIBIT "A"
Table 1 - Sewer Impact Fees (2005)
Zone A Zone B Zone C Zone D
Single - Family (per unit) $992 $1,669 $1,201 $267
Multi - Family (per unit) $992 $1,669 $1,201 $267
Corridor Residential (per unit) $992 $1,669 $1,201 $267
Mobile Homes (per unit) $992 $1,669 $1,201 $267
Hotel /Motel (per room) $333 $561 $403 $90
Mixed -Use Residential (per unit) $992 $1,669 $1,201 $267
Mixed -Use Non - Residential (per 1,000 sq ft $461 $776 $559 $124
of gross floor are)
Commercial (per 1,000 sq ft of gross floor $461 $776 $559 $124
area)
Industrial (per 1,000 sq ft of gross floor $323 $543 $391 $87
area)
Institutional (per 1,000 sq ft of gross floor $277 $466 $335 $75
area)
Quasi Public /Recreational (per 1,000 sq ft $26 $44 $32 $7
of gross floor area)
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