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99-048RESOLUTION NO. 99R- 48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING SANITARY SEWER IMPACT FEES FOR THE ANAHEIM STADIUM BUSINESS CENTER WEST OF STATE COLLEGE BOULEVARD WHEREAS, the City Council of the City of Anaheim has amended Chapter 17.30 of Title 17 of the Anaheim Municipal Code providing for a restructuring of the fees for the Anaheim Stadium Business Center ("Stadium Area") to apply only to sanitary sewer improvements within the Stadium Area; and WHEREAS, the Stadium Area is 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; and WHEREAS, the City Council did hold a public hearing on March 2, 1999 to consider amending the Stadium Area fee structure; and WHEREAS, General Plan Amendment No. 361 and the Anaheim Stadium Area Master Land Use Plan establish a new land use plan necessitating a reconsideration of the fee structure within the Stadium Area. Under the amended land use plan, the only remaining improvements within the Stadium Area that will be impacted by high-intensity or high-density development for which fees must be collected are sanitary sewer systems servicing the Stadium Area west of State College Boulevard within the Katella Corridor District, as said area is set forth more specifically on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, Chapter 17.31 of the Anaheim Municipal Code is no longer necessary and has been deleted in its entirety; and WHEREAS, the City Council has amended Chapter 17.32 relating to city-wide transportation impact fees to eliminate the credit for payment of transportation fees within the Stadium Area toward payment of such city-wide transportation impact fees since the Stadium Area fee no longer covers transportation related issues; and WHEREAS, the fee restructuring within the Stadium Area will result in a lower fee in the Stadium Area; and WHEREAS, a sanitary sewer improvement fee is required in the Stadium Area west of State College Boulevard in order to accommodate the increased development intensity proposed for the Katella Corridor District, but only that portion of said Katella Corridor District located west of State College Boulevard, as set forth more specifically on Exhibit "A"; and WHEREAS, an analysis of the basis for the fees for sanitary sewer improvements is set forth in the "Master Environmental Impact Report No. 321" and associated technical studies prepared for the "Anaheim Stadium Area Master Land Use Plan ("MLUP")", the implementing Sports Entertainment (SE) Overlay Zone, and the "Stadium Area Master Land Use Plan (West of State College Boulevard) Supplement to the South Central Area Sewer Deficiency Study, Second Revision, dated January, 1999," hereinafter collectively referred to as "Studies." Such Studies analyze the need to construct sanitary sewer improvements west of State College Boulevard and set forth the relationship between new development, expansion of existing development, the needed facilities, and the estimated costs of those improvements; and WHEREAS, the information within such Studies was 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: A. Development above 0.4 to 1.0 of the floor area ratio ("FAR") within the Katella Corridor District of the Stadium Area west of State College Boulevard, as set forth on Exhibit "A" hereto, will generate additional sewer flow and create new sewer deficiencies in the Stadium Area. B. The Sanitary sewer fees collected pursuant to this Resolution shall be used to finance only the sewer facilities shown on the "Stadium Area Master Land Use Plan (West of State College Boulevard) Supplement to the South Central Area Sewer Deficiency Study, Second Revision, dated January, 1999." C. Copies of the "Stadium Area Master Land Use Plan (West of State College Boulevard) Supplement to the South Central Area Sewer Deficiency Study, Second Revision, dated January, 1999," are available in the office of the City Engineer/Public Works Director, and are approved and incorporated herein by reference. D. Copies of the "Master Environmental Impact Report No. 321" and associated technical studies prepared for the 2 "Anaheim Stadium Area Master Land Use Plan ("MLUP")" and the implementing Sports Entertainment (SE) Overlay Zone are available in the Office of the Planning Director and are approved and incorporated herein by this reference. E. The facts and evidence presented establish that there is a reasonable relationship between the need for the described sanitary sewer facilities and the impacts of the types of development described in the Studies for which the corresponding sanitary sewer fees are charged, and, also there is a reasonable relationship between the fees' use and the type of development for which the fees are charged in that these sanitary sewer facilities accommodate additional sewer capacity generated by development, as these reasonable relationships or nexus are described in more detail in the Studies referred to above. F. The cost estimates set forth in the "Stadium Area Master Land Use Plan (West of State College Boulevard) Supplement to the South Central Area Sewer Deficiency Study, Second Revision, dated January, 1999," are reasonable cost estimates for constructing and expanding sewer facilities in the Stadium 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 commercial, industrial or other non-residential buildings or structures, and/or additions or expansions to existing buildings or structures. (b) "Exempted Development" shall mean development exempted by Section 17.30.070 of Chapter 17.30 of Title 17 of the Anaheim Municipal Code. (c) "Net Acreage" shall mean private land only. It does not include public street right-of-way, public utility easements, etc., and is approximately 20 percent less than the gross acreage. 2. Imposition of Fee. A sanitary sewer fee shall be charged where applicable and paid upon issuance of any building permit, except as otherwise provided by Section 66007 of the Government Code. 3. Use of Stadium Area Sanitary Sewer Fee. The Sanitary Sewer Fee for the Stadium Area west of State College 3 Boulevard in the Katella Corridor District shall be used solely to pay (1} for the described sanitary sewer facilities in the Stadium Area as set forth in the "Stadium Area Master Land Use Plan (West of State College Boulevard) Supplement to the South Central Area Sewer Deficiency Study, Second Revision, dated January, 1999," and the Studies previously incorporated hereinabove by reference; or (2) for reimbursing the City for a development's fair share of those sanitary sewer improvements within the Stadium Area west of State College Boulevard in the Katella Corridor District constructed by the City after the effective date of this Resolution. 4. Fee Review. On or about June 1, 2000 and each following year, the Public Works Department shall review the estimated cost of the described sanitary 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 this fee is charged. The Public Works Department shall report its findings to the City Council at a noticed public hearing and recommend any adjustment to this fee or other action as may be needed. BE IT FURTHER RESOLVED, AS FOLLOWS: 1. The fee set forth in the Sanitary Sewer Fee Schedule attached hereto as Exhibit "B" and incorporated herein, shall be, and is hereby, adopted. 2. The fee established herein shall become effective sixty (60) days following the date of adoption of this Resolution. 3. The fee established shall, upon effectiveness, supersede any previously adopted fees for the same permit or approval. 4. No action taken herein shall affect any fees heretofore collected within the Stadium Area for any purpose and all such fees heretofore collected shall be retained and expended for the purposes collected. 5. The Sanitary Sewer fee imposed within the South Central Area will continue to apply west of State College Boulevard for square foot of gross floor building area developed below the 0.4 Floor Area Ratio ("FAR") 6. The City Council hereby declares that should any 4 one or more fees established by this Resolution be declared for the intent of the City Council other fees and portions of this elimination herefrom of any suc declared invalid. this Resolution or any portion of any reason to be invalid, it is that it would have adopted all Resolution independent of the h fee or such portion as may be THE FOREGOING RESOLUTION is approved by adopted by the City Council of the City of Anaheim this i~ri, day March 1999. MAYO OF THE CITY OF HEIM ATTEST: ~~~~ CITY CLERK OF THE CITY OF ANAHEIM 29488.1\CFLYNN\March 2, 1999 5 SENT BY~Xerox Telecopier 7021 ; 2-12-89 3=41PM ~ 714254529D-~ 714 254 5123;# 4 • U ~ ~ N W d ~ ~ j ~ I- Z ~ z w~ WW^,,, V' . _- t ~ _. .-. 1 ~ ~ i i ~ ~ Q .._ ... ~~ KJ i _ _... i...,.a ~ T .i i ~ ,... I I-~ I: ~.. .., r ^,. M' ifj L .1 '. •'. _ _ _. ~ ~ r__. i 1 - 1 ._.._ ~ r .__ : : ' i.._.I __.... ... ~ Id r-__ ._ ......__.._.. i` . , a....J . ..., ~ ~- ~ Cf ~ L_I 1..... i ~... ,y i ~ ... .....w ~. _. ..-. _ 1_...-.._ --rri 1 ~ r ~y ~-~ 1 i : k ..,. r_.., . _ 1 ` I _ ~ + fr T ~..__ ~~ ,. it 1, 1 r, ~~ ,; ~i' '~ ,/ ` •~ -~~, r ~ ~ ~ ni '~' ~ ~ /~ ~ ,J•1 I r i,~ ~ ~ 1 ~ l~r/ 1~ y n fi,. 1 f~ _ _..,,..LI ---- ~ ..._ - _ __ ._.__,_. , . .._..,__. .,..._ .... - 6 -- EXHIBIT .. A.. EXHIBIT "B" SANITARY SEWER FEE SCHEDULE FOR ANAHEIM STADIUM BUSINESS CENTER ("STADIUM AREA") I. AREAS EAST OF STATE COLLEGE BOULEVARD--No fee IT. AREAS WEST OF STATE COLLEGE BOULEVARD A Sanitary Sewer surcharge fee of Forty Cents ($.40) per square foot of gross floor building area developed between the 0.4 and the 1.0 Floor Area Ratio ("FAR") shall be established only in the Katella Corridor District as defined in the "Stadium Area Master Land Use Plan (West of State College Boulevard) Supplement to the South Central Area Sewer Deficiency Study, Second Revision, dated January, 1999," as said area is depicted on Exhibit "A" hereto. 29488.1~CFLYNN~March 2, 1999 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. 99R-48 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 16th day of March, 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: NOES: MAYOR/COUNCIL MEMBERS: ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly None None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 99R-48 on the 16th day of March, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 16th day of March, 1999. `.1:-c.e~~.oiC 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 of Resolution No. 99R-48 was duly passed and adopted by the City Council of the City of Anaheim on March 16th, 1999. CITY CLERK OF THE CITY OF ANAHEIM RESOLUTION N0. 99R- 48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING SANITARY SEWER IMPACT FEES FOR THE ANAHEIM STADIUM BUSINESS CENTER WEST OF STATE COLLEGE BOULEVARD WHEREAS, the City Council of the City of Anaheim has amended Chapter 17.30 of Title 17 of the Anaheim Municipal Code providing for a restructuring of the fees for the Anaheim Stadium Business Center ("Stadium Area") to apply only to sanitary sewer improvements within the Stadium Area; and WHEREAS, the Stadium Area is 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; and WHEREAS, the City Council did hold a public hearing on March 2, 1999 to consider amending the Stadium Area fee structure; and WHEREAS, General Plan Amendment No. 361 and the Anaheim Stadium Area Master Land Use Plan establish a new land use plan necessitating a reconsideration of the fee structure within the Stadium Area. Under the amended land use plan, the only remaining improvements within the Stadium Area that will be impacted by high-intensity or high-density development for which fees must be collected are sanitary sewer systems servicing the Stadium Area west of State College Boulevard within the Katella Corridor District, as said area is set forth more specifically on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, Chapter 17.31 of the Anaheim Municipal Code is no longer necessary and has been deleted in its entirety; and WHEREAS, the City Council has amended Chapter 17.32 relating to city-wide transportation impact fees to eliminate the credit for payment of transportation fees within the Stadium Area toward payment of such city-wide transportation impact fees since the Stadium Area fee no longer covers transportation related issues; and WHEREAS, the fee restructuring within the Stadium Area will result in a lower fee in the Stadium Area; and WHEREAS, a sanitary sewer improvement fee is required in the Stadium Area west of State College Boulevard in order to accommodate the increased development intensity proposed for the Katella Corridor District, but only that portion of said Katella Corridor District located west of State College Boulevard, as set forth more specifically on Exhibit "A"; and WHEREAS, an analysis of the basis for the fees for sanitary sewer improvements is set forth in the "Master Environmental Impact Report No. 321" and associated technical studies prepared for the "Anaheim Stadium Area Master Land Use Plan ("MLUP")", the implementing Sports Entertainment (SE) Overlay Zone, and the "Stadium Area Master Land Use Plan (West of State College Boulevard) Supplement to the South Central Area Sewer Deficiency Study, Second Revision, dated January, 1999," hereinafter collectively referred to as "Studies." Such Studies analyze the need to construct sanitary sewer improvements west of State College Boulevard and set forth the relationship between new development, expansion of existing development, the needed facilities, and the estimated costs of those improvements; and WHEREAS, the information within such Studies was 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: A. Development above 0.4 to 1.0 of the floor area ratio ("FAR") within the Katella Corridor District of the Stadium Area west of State College Boulevard, as set forth on Exhibit "A" hereto, will generate additional sewer flow and create new sewer deficiencies in the Stadium Area. B. The Sanitary sewer fees collected pursuant to this Resolution shall be used to finance only the sewer facilities shown on the "Stadium Area Master Land Use Plan (West of State College Boulevard) Supplement to the South Central Area Sewer Deficiency Study, Second Revision, dated January, 1999." C. Copies (West of State College Area Sewer Deficiency 1999," are available i Works Director, and ar reference. of the "Stadium Area Master Land Use Plan Boulevard) Supplement to the South Central Study, Second Revision, dated January, n the office of the City Engineer/Public e approved and incorporated herein by D. Copies of the "Master Environmental Impact Report No. 321" and associated technical studies prepared for the 2