5995ORDINANCE NO. 5995
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING CHAPTER 10.12 OF TITLE 10 OF
THE ANAHEIM MUNICIPAL CODE ESTABLISHING A
SEWER IMPACT AND IMPROVEMENT FEE FOR NEW AND
EXPANDED DEVELOPMENT IN THE WEST CITY AREA
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1.
That Section 10. 12.090 be, and the same is hereby, added to Chapter 10.12 of Title 10 of
the Anaheim Municipal Code to read as follows:
"Section 10.12.090 SEWER IMPACT AND IMPROVEMENT FEE (WEST
CITY AREA)
11.010 STATEMENT OF PURPOSE
In order to implement file goals and objectives of the "Combined West Anaheim
Area Master Plan of Sanitary Sewers -Second Revision" dated March, 2005, adopted
in May of 2005 by Resolution No. 2005-83, and the "Combined West Anaheim Area
Sanitary Sewer Financial Implementation Plan" dated May, 2005, and to mitigate the
deficiency in the sewer system caused by new development and/or by additions and
expansions to existing development within the West City Area (WCA) of the City of
Anaheim, the City Council has determined that a sewer impact fee is needed to
finance these sewer improvements and to pay for new developments and expansions
and additions to existing developments. The West City Area is as specifically shown
in the "Combined West Anaheim Area Master Plan of Sanitary Sewers -Second
Revision" and is bounded on the north by the City Limits, on the south by the City
Limits, on the west by the City Limits, and on the east by Euclid Street.
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
sewer needs as established in the "Combined West Anaheim Area Master Plan of
Sanitary Sewers -Second Revision" for the West City Area.
".020 ANAHEIM SEWER IMPACT FEE FOR THE WEST CITY AREA
A Sewer Impact and Improvement fee is hereby established for various customer
classes and financial impact zones, as described in the "Combined West Anaheim
Area Sanitary Sewer Financial Implementation Plan", which fee shall be applicable
to all new development and for expansions and additions to existing developments in
the West City Area ("Sewer 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,
describe the estimated cost of these facilities, describe the reasonable relationship
between this fee and the various types of new developments and set forth time for
payment.
1
Except as otherwise provided in Section 66007 of the Government Code, the Sewer
Fee shall be paid by each owner or developer prior to issuance of a building permit.
11.030 REVIEW AND ADJUSTMENT OF FEE
On an annual basis, the City Council shall review the Sewer 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, adjust the amount of the Sewer 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 -Record's Construction Cost
Index and 2) the estimated changes reflecting amendments or revisions to the
Combined West Anaheim Area Master Plan of Sanitary Sewers -Second Revision".
".040 EXEMPTIONS.
This Chapter shall not apply to:
.010 Conversion of a building or structure to a similar or less
intensive land use.
.020 Reconstruction of any building or structure destroyed by
fire or other natural cause.
.030 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 units and/or floor area of the original structure shall be
deducted from the units and/or floor area of the new structure.
.040 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. For purposes of calculating the fee
payable pursuant to this Chapter, the units and/or floor area of the existing
structure shall be deducted from the units and/or floor area of the total
structure.
".050 CITY OF ANAHEIM PAYMENT OF SEWER FEES
If the City of Anaheim finds that the development in question will provide
substantial benefits to the welfare of the citizens of the City, the City may 1) make a
payment of the Sewer Fee in lieu of the owner or developer paying the fee; or 2)
construct or cause to be constructed a Sewer Deficiency Public Facility
as a credit against such fees when such facility is required as a condition of
approval of the development permits.
2
".060 REDEVELOPMENT AGENCY PAYMENT OF SEWER FEES
If the Anaheim Redevelopment Agency is negotiating with an owner or developer to
provide economic incentives to a business for the purpose of relocating to or
remaining in a redevelopment project area, and the Agency fins that such business
will provide substantial tangible economic benefits to the redevelopment area in
which the project is located which outweigh the proposed economic incentives, the
Agency may, as a portion of the economic incentives to be provided to the business
(1) make payment of the sewer fee in lieu of the owner or developer paying the fee or
(2) construct or cause to be a constructed a Sewer Deficiency Public Facility as a
credit against such fee when such facility is required by the conditions of approval of
the development permits.
".070 LIMITED USE OF FEES.
The revenue raised by payment of the Sewer Fee shall be placed in a separate and
special account, and such revenue, along with any interest earnings on that account,
shall be used solely to pay for the City's future construction of facilities under the
_ Combined West Anaheim Area Master Plan of Sanitary Sewers -Second Revision or
to reimburse the City for such Facilities constructed by the City with funds advanced
by the City from other sources.
".080 CREDITS.
.010 Construction of Sewer Deficiency Public Facility.
Whenever an owner or developer is required, as a condition of approval of
a development permit, to construct a public facility identified as required
in the Combined West Anaheim Area Master Plan of Sanitary Sewers -
Second Revision ("Sewer Deficiency Public Facility") within the West
City Area and when such construction is necessary to provide efficient and
timely construction of the facilities, 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 City Engineer and that engineering costs
are limited to amounts specified in the Combined West Anaheim Area
Master Plan of Sanitary Sewers -Second Revision and the Combined West
Anaheim Area Sanitary Sewer Financial Implementation Plan for the West
City Area.
.020 Duplicative Fees. 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
sewer improvement purposes for a Sewer Deficiency 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.
1090 SEWER 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 sewer
impacts of that development and either the amount of the Sewer 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 City Council shall
waive or adjust the fee where the City Council finds, based upon substantial
evidence in the record, that such waiver or adjustment is necessary to ensure that said
fee, if any, is related both in nature and extent to the impact of the proposed project.
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.
11.100 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.
11.110 EFFECTIVE DATE.
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."
SECTION 2. 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 3. 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.
4
SECTION 4. EFFECTIVE DATE AND PUBLICATION.
The fees established by this ordinance shall become effective sixty (60) days from and
after the date of its adoption by the City Council. The City Clerk shall cause this ordinance to be
published at least once in the official newspaper within fifteen days after its adoption.
THE FOREGOING ORDINANCE is approved and adopted by the City Council of the
City of Anaheim this 27th day of September , 2005, by the following roll -call
vote:
AYES: Mayor Pringle Council Members Sidhu, Hernandez, Galloway, Chavez
NAYS: None
ABSTAIN: None
ABSENT: None
ATTEST:
CITY q)ZERK O THH CITY OF ANAHEIM
58324.1
It
5
CITY O NAHEIM
MAYOR OF THE C *OF ANAHEIM
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
SS.
County of Orange
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
October 6, 2005
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California. on
Date: October 6, 2005
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
Proof of Publication of
Paste Clipping of
Notice
SECURELY
In This Space
ORDINANCE NO. 5995
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CHAPTER 10.12 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING
A SEWER IMPACT AND IMPROVEMENT FEE FOR NEW AND EXPANDED DEVELOPMENT IN THE WEST CITY AREA
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1
That Section 10.12.090 be, and the same is hereby, added to Chapter 10.12 of Title 10 of the Anaheim Municipal Code to read as follows:
,Section 10.12A00 SEWER IMPACT AND IMPROVEMENT FEE (WEST CITY AREA)
".010 STATEMENT OF PURPOSE
In order to implement the goals and objectives of the "Combined West Anaheim Area Master Plan of Sanitary Sewers -Second Revision" dated March, 2005, adopted in May of
2005 by flaolutiorn No. 2005.83, arld the -Combined West Anahehn Area Sanitary Sewer Financial Implementation Plan" dated May, 2005, and to miHpata the deficlency In the
sewer system caused by new development and/or by additions and expansions to existing development within the Wad City Area (JCA) of the City Anaheim, the City Coun-
cii has determined that a sewer impact fee is needed to finance these sewer Improvements and to pay for new daydopments and expansions and additions to existing evelop
merits. The Wed City Area is a d cally shown in the "Combined Wed Anaheim Area Mater Plert of SetBery Sewers -Second Revision" and is bounded on the north by the
City Limits, on the south by the City Limits, on the west by the City Limits, and on the east by Euclid Street.
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 sewer needs as established in the "Combined West Anaheim Area Mader Plan of Sanitary Sewers -
Second Revision" for the Wed City Area.
".020 ANAHEIM SEWER IMPACT FEE FOR THE WEST CITY AREA
AS ewer Impact tatd Imgovemem tae?,
k established fo various customer Gasses and financial impact sones, a dosoNled in the °Combined West Anaheim Area Sanita-
rX Sewer Firarhctei of Nan'�i tee shell lx applicable to aft new development and for mq�arrebns arxf additions to existing developments in the West Cily Area
( Sewer Fee'). The�iil sha11, by CourxS rosotution, est forth the amount of the tee, describe the_banWt and impact ares on which the development tee is im-
posed, list the spacMic public imprClvements to be financed, describe the essmared cost of ttteee facilities, descrloe the teaonable relationship between this fee and the various
types of new devsiopmenta and sat forth firma for payment.
Except as otherwise provided in Section 66007 of the Government Code, the Sewer Fee shall be paid by each owner or developer prior to issuance of a budding permit.
".030 REVIEW AND ADJUSTMENT OF FEE
On an annual bask, the City Council shall review the Sewer Fee to ddenhine whether the fee amounts are reasonably related to the impacts of developments and whether the
described public tacilMfa are still needed. The City Coundl rt�y periodically by Resolution, adjust the amount of the Sam Fee altl sed by this Chapter in accordance
with 1) tate construction cost indert"fconstructionuw
or construction ooIn the CosAngeles areain the Engine tg News-Raoord's Construction Cod Index and 2) the estimated
changes reRsctirp amendments or revkfons to the Combined West An rea elm AMed Plan of Sanitary Sew er"isoond NwkioW.
".040 EXEMPTIONS.
This Chapter shah not apply to:
A10 Conversion of a building or structure to a similar or lose intensive land use.
AM Reconstruction of any budding or structure destroyed by fire or other natural cause.
A30 That es�btt of any buNfHng or structure (,new, structure") which k constructed os a replacement for a subsb rii* sirrider use of a budding or structure ('original
stru�rey wkYalr ardebd on the property within ninety (90) days mmectatsly preceding commerwenrerit W such con*ualbn. For purposes of cak:ulatktg the fee payable
pursuant to this Chapter, the ursts md/or floor area of I".= structure shall be deducted from the units and/or floor area of the new structure.
.040 That portion of any bu Wft or structure which is enlarged or expended and which portion existed on such pe�y Immediately prior to commencement of such
enlangemsnt or presided the use of such portion k not otherwise changed. Fa purposes ot odoulasingg fee payable pursuant to this Chapter, the units
and/w floor arm of tfhe existing dnriure shalt be deducted from the units and/or floor area of the tWal structure.
".000 CITY OF ANAHEIM PAYMENT OF SEINER FEES
It the City of Anaheim finds that this development in question will provide substantial benefits to the welfare of the citizens of the Cit, the City may 1) mare a payment of the Sew-
er Fee in lieu of alae owner or developer peyn the fes: or 2) construct o cause to be constructed a Sewer Daddlancy Public Facility as a credit against such fess when such fa-
cility is required a a condition rel approval of development permits.
"AM REDEVELOPMENT AGENCY PAYMENT OF SEWER FEES
If the Anaheim Redevelopment A�is negotiating with an owner w developer to provide economic inc�Uhros to a business for the purpose of relocating to w remaining in a
redevebprrbm prajsct area, and fine that such b ..it. will Proved® sutstantlN tangible efronomlc b— to to the area m which the project is locat-
ed which outweigh the economic incentives, the Agency may, os a portion of the economic it centives to be ro mass (1) mate payment of the sewer
fee in lieu d the owner proposed
fee or (2) co na ict w clam to be a constructed a Sewer DeBderxy Public Facittty as a credit against such fee when such facili-
ty is required by the ronddlom of dp=of the development permits.
".070 LIMITED USE OF FEES.
The revenue raised by payment of the Sewer Fee shall be placed in a separate and special account, and such revenue, along with any interest eamings on that account, shall
be used sooty to ppaeyy for the City's future conatructlon of t wgkies under the Combined West Anaheim Area Master Plan of Soldiery Sewers -Second Revkfon w to reimburse the
City for such =Ws constructed by the City with funds advanced by the City from other sources.
".000 CREDITS.
A10 of PurMO 1 . Wherever an owner o developer k required, a a condition of approval of a d pme to con-
struct a p ilo NNy klerhaled e wrrid west MMdm Area Mater Plan of Sanitary Sewers -Second Revision (Sewer envy Public �'") within
the Wast City AMR and when sigh construcecxr k n osavery to provide aftha and *nay construction of the fac0tles, a credit against the fee whilch would a0narvvise be
charysd 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 fes),
provided a project expendlnre rsrtlNcation is rhe sty Englfsar and that engkneerkg casts are limited to amounts speo�Ned in the Comhbined Wed Anaheim
Area Master Push of Sanitary Sewsrs-Second Revkionr and the CornC binned wed Anaheim Area Sanitary Sewer Financia Impkmentadon Plan for the West City Area.
Aso Dupileellw fFoee. 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 exam of the fee) which would otherwise be charged pursuant to this Chapter.
A130 DOA1oodoo& The reasonable value of land dedicated for sewer improvement purposes for a Sewer Deflclency Public Faldty as said vane Is determined by the
City Engineer d W be welted against any fee (but only to the extent of to fee) which would otherwise be charged pursuant to this Chapter.
.000 SEWER FEE ADJUSTMENTS.
An owner or developer rel ay p subject to the fee imposed by this Chapter may apply to to City Council for a reduction w adjustment to that fee, o a waver ver of that fee,
based upon to ebartoe ia e r relMiont hip or nexus below the sewer of that �m ent and either the amo rrt of is Sewer Fee charged o the type of
facilities to be flaerncad. The start be made n wrtrkg and filled with the Baric not talar ten days prior to the public rq on the
permit
application for the o If pemhit k required, at the time of the of the request for a t>�pertnit. The shaNI pe In factual ba-
sis for the claim of a The dly Council aaN consider theep�y st to public on pal. J. on w dna la laertng heed
within sixty (60) days atter to fills of ohe�� application, whidsver k later. h1 ' e City shell woe w edMxt lis tee the City fads, baso upon
substantial eviMnoe in tte recon 1W such or a dWebrient is necessary to ensure ttat aW tee, if any, Is, alaNd boll in nehrs grid extent to Me kanact of the proposed
project. The deeWon ot to City nal shell be final. 9 a reduction, adjustment, or waiter k granted, arty change In use wiff the pooled shah irnrali�e thswaNer. adJud-
ment or reduction of the fee.
".100 ENFORCEMENT.
The City Attorney is hereby authorized and directed to initiate such legal proceedings a may be necessary to enface the provkbna of this Chapter.
'.110 EFFECTNE DATE.
The fee authorized by this Chapter shall apply to the issuance of any building permit for arty residential development Issued sixty (60) days following this ordinance's passage."
SECTION 2. SEVERA9N.ITY
The•City Council of the CIN of Anaheim hereby declares that should any section, paragraph, serttace or word Of this ordinance of the Code, hereby adopted, be declared for any
reason to be invalid, N is the indent of ft Council that it would have passed W other portions of this ordinance Independent of the edminetiort heretrom of any such portion as may be
declared invalid.
SECTION 3. SAVINGS CLAUSE
Neither the adoption of tik ordinance nor the repeal of arty other ordinance of this City shall in any manner e/ieCt the prosecution for violations of ordinances, which violations were
commuted polo to the alfaethre date nor be cwstrued a a waiver d any lice se o penalty w the pad s vppNrxbte to ay violsMon thereof. The provisions of tis ordi-
nance, insofar se they we suWAanta sane a ordinance provisions previously adopted by the City to the same subject nater, shell be construed as restatements and
continuations, and not as new ensctrnams.
SECTION 4. EFFECTIVE DATE AND PUBLICATION.
The fees edabNMted by this ordinance s Wt became eflectvs sbdy1f0) days from ad unan
ata the date of No adoption by the City Council. The City Clerk shall cause this ordinance to
be published at least once In to official newspaper within fifteen days alter its adoption.
THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 27th day of September, 2005, by the following roll -call vote:
AYES: Mayor Pringle, Council Members Sldhu, Hernandez, Galloway, Chavez
NAYS: None
ABSTAIN: None
ABSENT: Noes
CITY OF ANAHEIM
/s/CurtP�r'in�gg�le
/slSharyll Schroeder
CITY CLERK OF THE CITY OF ANAHEIM
Publifih: Anaheim Bulletin Oct o r 621X15 25717 69229922