RES-2026-024RESOLUTION NO.2026-024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADOPTING THE DEVELOPMENT IMPACT FEE
STUDY AND DEVELOPMENT IMPACT FEE IMPROVEMENT
PLAN
WHEREAS, Section 400 of the City of Anaheim ("City") Charter vests the City
Council with the authority to make and enforce all laws, rules and regulations with respect to
municipal affairs subject only to the restrictions and limitations contained in the Charter and the State
Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges,
or procedures granted or prescribed by any law of the State of California; and
WHEREAS, pursuant to California Government Code Section 66000, et seq.
("Mitigation Fee Act"), which governs the establishment of Development Impact Fees ("DIFs"), the
City is duly authorized to impose DIFs for the purpose of defraying all or a portion of the costs of
public facilities related to new development occurring within the City; and
WHEREAS, pursuant to the Mitigation Fee Act, local agencies are required to make
specific findings when imposing fees to mitigate impacts of development projects and ensure fees
are justified and used appropriately; and
WHEREAS, the City will continue to experience intensification of existing
development and/or redevelopment of existing land uses based on population and employment
growth projections; and
WHEREAS, such development will increase demand for public services and the
facilities required to deliver them; and
WHEREAS, Assembly Bill 602 ("AB 602") amended the Mitigation Fee Act in
2021 and emphasized the need to adopt a DIF Nexus Study ("Nexus Study") at a public hearing,
prior to the adoption of any new or increased DIF; and
WHEREAS, AB602 requires in part that the Nexus Study identify the existing level
of service for each public facility, identify new levels of service, include an explanation of why the
new levels of service are more appropriate, and include information to support the required findings
for adoption of new or increased Development Impact Fees; and
WHEREAS, the City retained the professional services of DTA to prepare the "City
of Anaheim Development Impact Fee Study" and "Development Impact Fee Improvement Plan"
dated February 12, 2026;
WHEREAS, the Development Impact Fee Study together with the Development
Impact Fee Improvement Plan comprise the "DIF Nexus Report" supporting the DIFs; and
WHEREAS, the DIF Nexus Report referenced above complies with the Mitigation
Fee Act, specifically section 66001(a) by establishing the basis for the imposition of fees and the fee
amounts for new development. In particular, the DIF Nexus Report:
1. Identifies the purpose of each development fee;
2. Identifies the use to which the fee will be put;
3. Shows a reasonable relationship between fee's use and the type of
development project upon which the fee is imposed;
4. Shows a reasonable relationship between the need for the public facility and
the type of development project upon which the fee is imposed;
5. Shows a reasonable relationship between the amount of the fee and the costs
of the public facility or portion of the public facility that is attributed to the
development upon which the fee is imposed
WHEREAS, the DIF Nexus Report provides a quantified basis to support each DIF
and the legal support for the required findings to justify the amount of each DIF, based on the level
of service of public facilities, and the project burdens on those facilities caused by prospective
development in the City; and
WHEREAS, the City's DIF Improvement Plan for 2026 through 2045 and Facilities
Financing Plan indicate the approximate location, size, time of availability, and cost estimates for all
facilities or improvements to be financed by the City's DIFs;
WHEREAS, prior to adopting the changes to the rates for the City's DIF's, the City
Council must adopt the DIF Nexus Report supporting the increases to the Development Impact Fee
amounts and taking other actions to ensure compliance with the Act, including holding a noticed
public hearing for the adoption of the DIF Nexus Report; and
WHEREAS, in accordance with the Act and Assembly Bill 602, a copy of the above
referenced DIF Nexus Report has been made available for inspection by the public at Anaheim City
Hall for thirty (30) calendar days prior to the adoption of this Resolution; and
WHEREAS, notice of a public hearing to consider adoption of the DIF Nexus
Report and the increases to the Development Impact fees was published in the newspaper and mailed
to all interested parties that have submitted written requests for such notice, as applicable, in
compliance with the Act; and
WHEREAS, on March 24, 2026, the City Council held a duly noticed public hearing
at which it heard and considered any and all verbal and/or written testimony from the public,
reviewed and considered the information including the DIF Nexus Report, the increases to the
Development Impact Fees, all supporting data, and information provided at the public hearing by
staff, and has now determined to adopt the DIF Nexus Report and increases to the Development
Impact Fees; and
PJ
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ANAHEIM AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this referenced.
SECTION 2. The City Council has been presented with and has reviewed the information related to
the DIF Nexus Report, including all supporting data and after being so informed hereby adopts the DIF
Nexus Report and supporting data.
SECTION 3. Pursuant to Government Code Section 66015.5(a)(5)(B) and in satisfaction of AB 602,
the City Council hereby adopts the findings and conclusions set forth in the DIF Nexus Report and
incorporates them herein by reference.
SECTION 4. The Ordinance and Resolutions adopted contemporaneously with this resolution,
authorizes the City to apply the development impact fees for Police, Fire, Library and Park Facilities
provided herein. Additionally, based on the Nexus Study and consistent with the requirements of the
Mitigation Fee Act, the City Council does hereby find, as fully set forth in the DIF Nexus Report, the
following:
a. That the purpose of the impact fees has been identified;
b. That the use of the fees has been identified;
c. That there is a reasonable relationship between the use and the type of project
on which it is imposed;
d. That there is a reasonable relationship between the need for public improvements and the
type of project on which it is imposed
SECTION 5. If any section, subsection, sentence, clause or phrase of this resolution is, for any reason,
held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the
remaining portions of this resolution, and each section, subsection, sentence, clause or phrase hereof,
irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared
invalid or unconstitutional.
SECTION 6. The City Council finds the introduction and adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the environment), 15060 (c)(3)
(the activity is no a project as defined in Section 15378), and 15061(b)(3) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting
in physical change to the environment, directly or indirectly.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 24t day of March, 2026, by the following roll call vote:
AYES: Mayor Aitken and Council Members Leon, Balius, Rubalcava, Kurtz,
Maahs and Meeks
NOES: None
ABSENT: None
ABSTAIN: None
ATT SkLE
ITY OFTHE CITY OF ANAHEIM
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CITY OF ANAHEIM
MAYOR OF CITY OF ANAHEIM
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. 2026-024 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 24' day of March, 2026 by the following vote of the members thereof:
AYES: Mayor Aitken and Council Members Leon, Balius, Rubalcava, Kurtz,
Maahs and Meeks
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 26' day of March, 2026.
CITYJCL RK OF THE CITY OF ANAHEIM
(SEAL)