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RES-2023-093RESOLUTION NO. 2023- 0 9 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE SEWER IMPACT AND IMPROVEMENT FEES FOR THE EAST AREA OF THE CITY OF ANAHEIM AND DETERMINING SUCH ACTIONS ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080 (b) (8) AND GUIDELINE SECTION 15273 (a) WHEREAS, Title 10, Chapter 10.12, Section 10.12.095 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 ("Sewer Impact Fees"); and WHEREAS, the City Council has by resolution heretofore established various fees in the Public Works Department of the City of Anaheim; and WHEREAS, in order to implement the goals and objectives of the "East Anaheim Area Master Plan of Sanitary Sewers" dated March 2023 and adopted on May 16, 2023, by Resolution No. 2023-028, and the " East Anaheim Area Sanitary Sewer Financial Implementation Plan" dated June 2023 and adopted on August 29, 2023, by Resolution No. 2023-075 in order to mitigate deficiencies in the sewer system caused by new development and/or by additions and expansions to existing development within the East Anaheim Area of the City of Anaheim, the City Council has enacted Section 10.12.095 of the Anaheim Municipal Code and has determined that sewer impact fees are needed to finance sewer improvements for new and/or expanded developments in the East Anaheim Area; and WHEREAS, the "East Anaheim Area Master Plan of Sanitary Sewers" and the "Bast Anaheim Area Sanitary Sewer Financial Implementation Plan" are hereinafter referred to collectively as "Studies"; and WHEREAS, the East Anaheim Area is as specifically shown in the Studies, and is generally bounded on the north by the Northern City Limits, on the west by the Orange Freeway (State Route 57) and the Central Anaheim Master Plan of Sanitary Sewers Study Area, on the south by the Southern City Limits, and on the east by the Eastern City Limits.; and WHEREAS, the City Council of the City of Anaheim did hold a public hearing on October 17, 2023 to consider Sewer Impact and Improvement Fees for the East Anaheim Areas, ("Sewer Impact Fees"); and WHEREAS, an analysis of the need for sewer improvements and for new and expanded sewer facilities and improvements for developments in the East Anaheim Areas are set forth in the Studies referred to hereinabove; and WHEREAS, said Studies list the specific improvements in the East Anaheim Areas 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, said Sewer Impact Fees as hereinafter set forth have been considered at a duly noticed public meeting or hearing as required by law; and WHEREAS, the City Council finds that said Sewer Impact Fees, in the amount hereinafter set forth in this resolution, are less than or equal to, but in any event do not exceed, the actual direct and indirect costs and expenses incurred by the City of Anaheim in providing said services; and WHEREAS, the City Council further finds and determines that this resolution amending the Sewer Impact Fees of the City in the manner hereinafter set forth is exempt from the provisions of the California Environmental Quality Act pursuant to Public Resources Code Section 21080 (b)(8) and CEQA Guideline Section 15273 (a); and WHEREAS, it is the desire of the City Council to revise and update the Sewer Impact Fees under the Department of Public Works Fee Schedule, in accordance with Exhibit "A", at this time; and WHEREAS, the City Council, after due consideration of all evidence, testimony and reports offered at the public hearing does find as follows with respect to the Sewer Impact Fees: A. The purpose of establishing the Sewer Impact and Improvement Fees for the East Anaheim Areas is to finance sewer facilities to reduce the impacts on the sewer system caused by new development and expansion of existing development within the East Anaheim Areas. B. The Sewer Impact Fees collected pursuant to this resolution shall be used to finance only the sewer facilities shown in the "East Anaheim Area Master Plan of Sanitary Sewers," the "Bast Anaheim Area Sanitary Sewer Financial Implementation Plan," or the Anaheim General Plan; and C. The Studies, copies of which are available in the office of the City Clerk, are approved and incorporated herein. 2 D. Development will generate additional sewer flow and will contribute to existing sewer deficiencies within the East Anaheim Areas. 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 Sewer Impact Fees collected pursuant to this resolution shall be used to finance only the additional and improved facilities, services and infrastructure set forth in the attached Impact Fee Schedule, attached hereto as Exhibit "A", which additional facilities and infrastructure are needed to augment existing facilities and infrastructure serving the City, and to offset the impacts of new development and expansion of and additions to existing development within the City. Said additional and improved facilities and infrastructure shall be collectively referred to as the "Improved Facilities." G. The facts and evidence presented establish that there is a reasonable relationship between the need for the described sewer facilities in the East Anaheim Areas and the impacts on the sewer facilities by the types of development 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. H. The cost estimates set forth in the Studies are reasonable estimates of the cost of providing the Improved Facilities and the Sewer Impact Fees to be generated by the construction of new development and expansions and additions to such existing development will not exceed the total of these costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM AS FOLLOWS: Section 1. EAST ANAHEIM SEWER IMPACT FEES (a) Sewer Impact Fees shall be charged for new and expanded development within the East Anaheim Areas at the rates shown on the Fee Schedule, attached hereto as Exhibit "A", and incorporated herein by reference. (b) The Sewer Impact Fees shall be solely used to pay for (1) for the described public facilities to be constructed in the East Anaheim Areas as set forth in the "East Anaheim Area Sanitary Sewer Financial Implementation Plan" incorporated herein, copies of which are on file in the Office of the City Clerk, and in the "East Anaheim Area Master Plan of Sanitary Sewers," 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 East Anaheim Area constructed by the City after the effective date of this Resolution; or (3) for matching funds for any grant requirements of those sewer facilities within the East Anaheim Area constructed by the City after the effective date of this Resolution. BE IT FURTHER RESOLVED as follows: I. The Sewer Impact Fees to be charged and collected by the Department of Public Works shall be as set forth in Exhibit "A", which is attached hereto and incorporated herein by reference. 2. The Sewer Impact Fees established herein shall become effective sixty (60) days following the date of adoption of this Resolution. 3. The Sewer Impact Fees established herein shall, upon becoming effective, supersede any fees previously adopted for the same purposes. 4. The City Council hereby declares that should any one or more of the fees established by this Resolution or any portion of this Resolution be declared for any reason to be invalid, it is in the intent of the City Council that it would have adopted all other fees and portion of this Resolution independent of the elimination therefrom of any such fee or such portion as may be declared invalid. %/ // I/I // // I/I 4 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 17 day of October , 2023, by the following roll call vote: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MAYOR OF I CITY OF ANAHEIM ATTF T: ITY .'LERK OF THE CITY OF ANAHEIM 144134 EXHIBIT A EXHIBIT A SEWER IMPACT FEES (East Anaheim) Single Family Per DU $491 Estate Per DU $566 Multi -Family Per DU $421 Commercial Per 1,000 sq ft GFA $370 Industrial Per 1,000 sq ft GFA $111 Institutional Per 1,000 sq ft GFA $270 DU - Dwelling Unit GFA - Grass Floor Area CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2023-093 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 17th day of October. 2023 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of October, 2023. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)