95-061 RESOLUTION NO. 95R-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ESTABLISHING A STORM DRAIN IMPACT
AND IMPROVEMENT FEE FOR THE SOUTH CENTRAL
CITY AREA OF THE CITY OF ANAHEIM.
WHEREAS, the City Council of the City of Anaheim did
hold a public hearing to consider imposition of a Storm Drain
Impact and Improvement Fee ("Storm Drain Fee"), a notice of which
hearing was given in the manner required by law; and
WHEREAS, the City Council has added Chapter 10.14 to
Title 10 of the Anaheim Municipal Code creating and establishing
the authority for imposing and charging a Storm Drain Impact and
Improvement Fee within the South Central City Area; and
WHEREAS, the South Central City Area is as specifically
shown in the Master Plan of Drainage and is relatively bounded on
the north by Lincoln Avenue, on the south by Chapman Avenue, on
the west by Euclid Street and on the east by State College
Boulevard; and
WHEREAS, an analysis of the need for storm drains is
set forth in the "Master Plan of Drainage for the South Central
Area", "The Anaheim Resort Specific Plan No. 92-2", and the
"Sanitary Sewer and Storm Drain Financial Implementation Plan for
the South Central city Area" dated August 1994 ("Financial
Implementation Plan"), hereinafter collectively referred to as
"Studies." The Financial Implementation Plan analyzed the need
for new and expanded storm drain facilities and improvements
required for new and expanded developments in the South Central
City Area of Anaheim and set forth the relationship between new
development, expansion of existing development, the needed
facilities, and the estimated costs of those improvements; and
WHEREAS, said Studies were 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. The purpose of establishing a Storm Drain Fee is
to finance storm drain facilities to reduce the impacts on the
storm drain system caused by new development and expansion of and
additions to existing developments within the South Central City
Area.
B. The Storm Drain fees collected pursuant to this
resolution shall be used to finance only the storm drain
facilities shown on the Master Plan of Drainage for the South
Central City Area, the Financial Implementation Plan and the
Anaheim Resort Specific Plan.
C. The study and analysis entitled "Sanitary Sewer
and Storm Drain Financial Implementation Plan for the South
Central City Area", the "Master Plan of Drainage for the South
Central Area," and "The Anaheim Resort Specific Plan", copies of
which are available in the office of the City Engineer, are
approved and incorporated herein by reference.
D. Development will generate additional storm
drainage flow and will contribute to the flood and storm drainage
deficiencies in the South Central City Area.
E. There is a need in the City of Anaheim for
expanding the capacity for the storm drain system and for new and
expanded construction to contribute its fair share towards these
facility costs. Said storm drain facilities have been called for
in, or are consistent with, the Master Plan of Drainage for the
South Central City Area, the Financial Implementation Plan for
the South Central City Area and Section 4.0 of the Anaheim Resort
Specific Plan.
F. The facts and evidence presented establish that
there is a reasonable relationship between the need for the
described storm drain facilities and the impacts of the types of
development described in paragraph three (3) below, for which the
corresponding Storm Drain 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 storm
drain facilities provide flood protection and accommodate
additional storm drainage flow generated by development, as these
reasonable relationships or nexus are described in more detail in
the studies referred to above.
G. The cost estimates set forth in the "Sanitary
Sewer and Storm Drain Financial Implementation Plan for the South
Central city Area" study are reasonable cost estimates for
constructing and expanding storm drain facilities in the South
Central City 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
residential buildings or structures, 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 10.14.040 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 storm drain fee shall be
charged and paid upon issuance of any building permit, except as
otherwise provided by Section 66007 of the Government Code.
3. Use of SCCA Storm Drain Fee. The Storm Drain Fee
shall be solely used to pay (1) for the described storm drain
facilities in the South Central City Area as set forth in the
study entitled "Sanitary Sewer and Storm Drain Financial
Implementation Plan for the South Central City Area" and in the
"Master Plan of Drainage for the South Central City Area"
previously incorporated hereinabove by reference; or (2) for
reimbursing the City for a development's fair share of those
storm drain improvements within the South Central City Area
constructed by the City after the effective date of this
Resolution.
4. Fee Review. On or about March 15, 1996 and each
following year, the Public Works Department shall review the
estimated cost of the described storm drain 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 fees set forth in the Storm Drain Fee Schedule
attached hereto as Exhibit "A" and incorporated herein, shall be,
and are hereby, adopted.
2. The fees established herein shall become effective
sixty (60) days following the date of adoption of this
Resolution.
3. The fees established shall, upon effectiveness,
supersede any previously adopted fees for the same permit or
approval.
4. The City Council hereby declares that should any
one or more fees established by this Resolution or any portion of
this Resolution be declared for any reason to be invalid, it is
the intent of the city Council that it would have adopted all
other fees and portions of this Resolution independent of the
elimination herefrom of any such fee or such portion as may be
declared invalid.
THE FOREGOING RESOLUTION is approved by adopted by the
City Council of the City of Anaheim this 18th day April
1995.
~YOR~F THE CITY OF ANAM~~~EI
ATTEST;
CITY CLERK OF THE CITY OF ANAHEIM
9255.1\CF£YNN\Januar¥ 24, 19(25
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. 95R-61 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 18th day of April, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: Lopez
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-61 on the
18th day of April, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 18th day of April, 1995.
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. 95R-61 was duly passed and adopted by the City Council of the City of Anaheim on
April 18, 1995.
EXHIBIT "A"
STORM DRAIN FEE SCHEDULE FOR SOUTH CENTRAL CITY AREA
SINGLE FAMILY $11,000 per net acre
MULTIPLE FAMILY RESIDENTIAL $14,000 per net acre
MOBILE HOME RESIDENTIAL $16,000 per net acre
HOTEL/MOTEL, COMMERCIAL/
RECREATIONAL AND INDUSTRIAL $20,000 per net acre
9255.1\CFlYNN\Januar¥ 24, 1995