5491ORDINANCE NO. 5491
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ADDING CHAPTER 10.14 TO TITLE 10
OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING A
STORM DRAIN IMPACT AND IMPROVEMENT FEE FOR
NEW AND EXPANDED DEVELOPMENT IN THE SOUTH
CENTRAL CITY AREA OF THE CITY OF ANAHEIM.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
FOLLOWS:
SECTION 1.
That new Chapter 10.14 be, and the same is hereby added to
Title 10 of Municipal Code to read as follows:
"Chapter 10.14. STORM DRAIN IMPACT AND IMPROVEMENT
FEE.
"SECTION 10.14.010 STATEMENT OF PURPOSE
In order to implement the goals and objectives of the
"Master Plan of Drainage for the South Central Area",
dated February, 1993 and adopted May, 1993 and updated
and adopted in September, 1994, and of Section 4 of
"The Anaheim Resort Specific Plan" adopted September
1994, the City of Anaheim General Plan adopted on July
3, 1984, and the "Sanitary Sewer and Storm Drain
Financial Implementation Plan for the South Central
City Area" dated August, 1994, and to mitigate the
flooding and storm drainage impacts caused by new
development and/or by additions and expansions to
existing development within the South Central City Area
of the City of Anaheim, the City Council has determined
that a storm drain impact fee is needed to finance
storm drain improvements and to pay for new
development's and expansions and additions to existing
developments. 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.
In establishing the fee described in the following
Sections, the City Council has found the fee to be
consistent with its General Plan and, pursuant to
Government Code Section 65913.2, has considered the
effects of the fee with respect to the City's storm
drain needs in the South Central City Area as
established in the Master Plan of Drainage for the
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South Central City Area and within "The Anaheim Resort
Specific Plan No. 92-211.
"SECTION 10.14.020 ANAHEIM STORM DRAIN IMPACT FEE
FOR SOUTH CENTRAL CITY AREA
A Storm Drain Impact and Improvement fee is hereby
established for various customer classes applicable to
all new development in the South Central City Area and
for expansions of and additions to existing
developments ("Storm Drain Fee"). The City Council
shall, by Council resolution, set forth the specific
amount of the fee, describe the benefit and impact area
on which the development fee is imposed, list the
specific public improvements to be financed, describe
the estimated cost of these facilities, describe the
reasonable relationship between the Storm Drain Fee and
the various types of new developments and set forth
time for payment.
Except as otherwise provided in Section 66007 of the
Government Code, the Storm Drain Fee shall be collected
at the time of issuance of building permits.
"SECTION 10.14.030 REVIEW AND ADJUSTMENT OF FEE
On an annual basis, the City Council shall review the
Storm Drain Fee to determine whether the fee amounts
are reasonably related to the impacts of developments
and whether the described public facilities are still
needed. The City Council may, periodically by
Resolution, adjust the amount of the Storm Drain Fee
established by this Chapter in accordance with 1) the
construction cost index for construction costs in the
Los Angeles area published in the Engineering News -
Records Construction Cost Index and 2) the estimated
changes reflecting amendments or revisions to the
Master Plan of Drainage for the South Central City
Area.
"SECTION 10.14.040 EXEMPTIONS.
This Chapter shall not apply to:
.010 Conversion of a building or structure to a
similar or less intensive land use.
.020 Reconstruction of any building or structure
destroyed by fire or other natural cause.
.030 That portion of any building or structure
("new structure") which is constructed as a replacement
for a substantially similar use of 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 Chapter,
the area affected by the original structure shall be
deducted from the area affected by the new structure.
.040 That portion of any building or structure
which is enlarged or expanded and which portion existed
on such property immediately prior to commencement of
such enlargement or expansion, provided the use of such
portion is not otherwise changed. For purposes of
calculating the fee payable pursuant to this Chapter,
the area affected by the existing structure shall be
deducted from the area affected by the total structure.
"SECTION 10.14.050 CITY OF ANAHEIM PAYMENT OF STORM
DRAIN FEES
If the City of Anaheim finds that the development in
question will provide substantial benefits to the
welfare of the citizens of the City, the City may 1)
make a payment of the Storm Drain Fee in lieu of the
owner or developer paying the fee; or 2) construct or
cause to be constructed a Master Plan of Drainage
Public Facility for the South Central City Area in lieu
of the owner or developer paying the fee or
constructing the facility.
"SECTION 10.14.060 LIMITED USE OF FEES.
The revenues raised by payment of the Storm Drain Fee
shall be placed in a separate and special account, and
such revenues, along with any interest earnings on that
account, shall be used solely to pay for the City's
future construction of Master Plan of Drainage
Facilities within the South Central City Area or to
reimburse the City for such Facilities constructed by
the City with funds advanced by the City from other
sources.
"SECTION 10.14.070 CREDITS.
.010 Construction of Facility. Whenever an owner
or developer is required, as a condition of approval of
a development permit, to construct a Master Plan of
Drainage Public Facility within the South Central City
Area and when such construction is necessary to provide
efficient and timely construction of the facilities, a
credit against the fee which would otherwise be charged
pursuant to this Chapter on the development project
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shall be available to the owner or developer upon
completion of the Facility (but only to the extent of
the fee), provided a project expenditure certification
is approved by the City Engineer and that engineering
costs are limited to amounts specified in the "Master
Plan of Drainage for the South Central Area" and the
"Sanitary Sewer and Storm Drain Financial
Implementation Plan for the South Central City Area".
.020 Duplicative Fees. Fees or payments which are
determined by the City Engineer to be duplicative of
the fees imposed by this Chapter shall be credited
against any fee (but only to the extent of the fee)
which would otherwise be charged pursuant to this
Chapter.
.030 Dedications. The reasonable value of land
dedicated for storm drain improvement purposes for a
Master Plan of Drainage Public Facility within the
South Central City Area as said value is determined by
the City Engineer shall be credited against any fee
(but only to the extent of the fee) which would
otherwise be charged pursuant to this Chapter.
"SECTION 10.14.080 FEE ADJUSTMENTS.
An owner or developer of any project subject to the fee
imposed by this Chapter may apply to the City Council
for a reduction or adjustment to that fee, or a waiver
of that fee, based upon the absence of a reasonable
relationship or nexus between the storm drain impacts
of that development and either the amount of the Storm
Drain Fee charged or the type of facilities to be
financed. The application shall be made in writing and
filed with the City Clerk not later than ten (10) days
prior to the public hearing on the development permit
application for the project, or if no development
permit is required, at the time of the filing of the
request for a building permit. The application shall
state in detail the factual basis for the claim of
waiver, reduction, or adjustment. The City Council
shall consider the application at the public hearing on
the permit application or at a separate hearing held
within sixty (60) days after the filing of the fee
adjustment application, whichever is later. The City
Council shall waive or adjust the fee where the City
Council finds, based upon substantial evidence in the
record, that such waiver or adjustment is necessary to
ensure that said fee, if any, is related both in nature
and extent to the impact of the proposed project. The
decision of the City Council shall be final. If a
reduction, adjustment, or waiver is granted, any change
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in use within the project shall invalidate the waiver,
adjustment or reduction of the fee.
"SECTION 10.14.090 ENFORCEMENT.
The City Attorney is hereby authorized and directed to
initiate such legal proceedings as may be necessary to
enforce the provisions of this Chapter.
"SECTION 10.14.100.
The fee authorized by this Chapter shall apply to the
issuance of any building permit for any development
issued sixty (60) days following this ordinance's
passage."
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 3. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
of any other ordinance of this City shall in any manner affect
the prosecution for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be
construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions
of this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 4. EFFECTIVE DATE AND PUBLICATION.
This ordinance shall become effective thirty (30) days
after its adoption by the City Council. The City Clerk shall
cause this ordinance to be published at least once in the
official newspaper within fifteen days after its adoption.
k,
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 18th day of April 1995.
MAYOR-Or TH Y OF AVIHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
9257.1\CFLYNN\January 24, 1995 6
V
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance
No. 5491 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 4th
day of April, 1995, and that the same was duly passed and adopted at a regular meeting of said 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 Ordinance No. 5491 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 Ordinance No. 5491 and was published once in the North Orange County News on the 27th day of April,
1995.
CITY CLERK OF THE CITY OF ANAHEIM