93-149 RESOLUTION NO. 93R-149
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM FORMING A
DRAINAGE DISTRICT AND ESTABLISHING
DRAINAGE FEES. (LEMON STREET
DRAINAGE DISTRICT)
WHEREAS, on January 15, 1974, by Resolution No. 74R-11,
the city Council duly adopted the Master Plan for Drainage (the
"MPD") for the City of Anaheim; and
WHEREAS, said MPD was subsequently amended by
Resolution No. 83R-478; and
WHEREAS, said MPD established Drainage Area No. 15
which established the particular drainage area specified herein;
and
WHEREAS, Section 17.08.400 of the Anaheim Municipal
Code requires subdividers or developers of property within said
drainage areas to pay drainage fees in such amounts as
established by resolution of the City Council; and
WHEREAS, the costs of constructing the drainage
facilities for said local drainage areas, whether actual or
estimated, are set forth in the MPD; and
WHEREAS, the City Council hereby finds and determines
as follows:
1. The Lemon Street Storm Drain which is the subject of
these proceedings, as described and shown on the map marked
Exhibit A, attached hereto and incorporated herein by this
reference (the "Improvement") is a facility described within the
MPD; and
2. The properties within the proposed District, as shown
within the boundaries described on Exhibit A hereof, benefit from
the Improvement; and
3. The actual cost of the Improvement is $956,000; and
4. Development of property within the proposed District
requires construction of the Improvement; and
5. The proposed fee has been determined by dividing the
total actual cost of the Improvement by the number of acres
within the proposed District benefitting from the Improvement to
determine the per acre fee to be imposed on future development in
the District; and
6. The proposed fee has been fairly apportioned within
such District on the basis of benefits conferred on property
proposed for subdivision or development, or on the need for such
Improvement created by the proposed subdivision or development of
other property in the District; and
7. The proposed fee does not exceed the pro rata share of
the amount of the total actual or estimated costs of all
facilities within such District which would be assessable on such
property if such costs were apportioned on a per-acre basis; and
8. The Improvement is in addition to facilities serving
the area at the time of the adoption of the MPD for the
particular area; and
9. A majority protest has been received from properties
within the proposed District; and
10. The public interest and convenienoe require the
Improvements and said protests are hereby overruled.
NOW THEREFORE BE IT RESOLVED, that the Lemon Street
Drainage District, comprising that property within the boundaries
shown on that map marked Exhibit A and incorporated by this
reference herein, be, and it is hereby, formed.
BE IT FURTHER RESOLVED that the following fee be, and
it is hereby, established pursuant to Section 17.08.400 of the
Anaheim Municipal Code for purposes of defraying the actual or
estimated costs of constructing drainage facilities for the Lemon
Street Drainage District
AREA FEE PER ACRE
LEMON STREET DRAINAGE $7,150.00
DISTRICT
BE IT FURTHER RESOLVED that said fee shall not apply to
the following construction projects not involving the subdivision
of property:
1. Conversion of an existing building or structure to a
different use.
2. Reconstruction or remodeling of any building or
structure not involving the enlargement or expansion of such
building or structure.
3. Construction of any building or structure pursuant to a
Development Agreement adopted by ordinance of the city which
ordinance was adopted prior to the date of this resolution and
which Agreement expressly exempts such construction from the fee
2471.1\J~HITE\June 28, 19~ 2
established herein.
4. Any building or structure, or any portion of a building
or structure ("new structure") which is constructed as a
replacement, addition, expansion or enlargement to 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 resolution, the acreage fee payable shall be
calculated on the parcel acreage which is a fraction of the
entire acreage of the parcel upon which the building or structure
is located which fraction is equal to the fraction represented by
dividing the total square footage of the original structure by
the total square footage of the new structure.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 29th day of
, 1993.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:lm
2471.1\JIJHITE\June 28, 199~ 3
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. 93R-149 was introduced and adopted at a regular meeting provided by law, of the AnaJheim City Council
held on the 29th day of June, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pickler
AND I FURTHER CERTIFY that the Mayor of the City of Anaiheim signed said Resolution No. 93R-149 on
the 30th day of June, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 30th day of June, 1993.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SO. HL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Resolution Nd~'93R-149 was duly passed and adopted by the City Council of the City of Anaheim on
June 29, 1993.
CITY CLERK OF THE CITY OF ANAHEIM
· - ' '~:: EXHIBIT "A"
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CITY OF~
~TAR~NG
F~URE ~ORM DRAINS
~I~]NG ~ORM DRAIN:
Cf~ OF ANAHEIM
OTHER AG ~NCY
CITY LIMITS
AREA BOUNDARY ,.
SU~-AREA