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5380FOLLOWS: ORDINANCE NO. 5380 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING CHAPTER 17.32 TO TITLE 17 OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING A TRANSPORTATION IMPACT AND IMPROVEMENT FEE FOR NEW DEVELOPMENT. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That new Chapter 17.32 be, and the same is hereby added to Title 17 of Municipal Code to read as follows: "Chapter 17.32. TRANSPORTATION IMPACT AND IMPROVEMENT FEE. SECTION 17.32.010 STATEMENT OF PURPOSE In order to implement the goals and objectives of the Circulation Element of the City of Anaheim's General Plan, and to mitigate the traffic impacts caused by new development in the City of Anaheim, certain public street improvements must be constructed. The City Council has determined that a transportation impact fee is needed in order to finance these public improvements and to pay for new development's fair share of the costs of these improvements. 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 housing needs as established in the Housing Element of the General Plan. SECTION 17.32.020 ANAHEIM MASTER PLAN OF ARTERIAL HIGHWAYS IMPROVEMENT FEE. A Transportation Impact and Improvement fee is hereby established on issuance of all building permits for new development in the City to pay for the Highway Master Plan (the "Transportation 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 (the "Master Plan of Highways Public Facilities"), describe the estimated cost of these facilities, describe the reasonable relationship between this fee and the 1 i various types of new developments and set forth time for payment. As described in the fee resolution, the Transportation Fee shall be paid by each owner or developer prior to issuance of a building permit. Section 17.32.030 REVIEW AND ADJUSTMENT OF FEE On an annual basis, the City Council shall review the Transportation 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, adust the amount of the Transportation 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 in right-of-way acquisition costs. SECTION 17.32.040 EXEMPTIONS. This Chapter shall not apply to: .010 Any structure or any portion thereof devoted to parking of automobiles. .020 Conversion of a building or structure to a similar or less intensive land use. .030 Reconstruction of any building or structure destroyed by fire or other natural cause. .040 Construction of any building or structure approved by the City of Anaheim under a Development Agreement entered into before the effective date of this ordinance. .050 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 square footage of the original structure shall be deducted from the square footage of the new structure. .060 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. N A .070 Any structure or portion thereof devoted to affordable housing and subject to an affordable housing agreement. .080 Any structure or portion thereof devoted to child care facilities provided as part of an employment center. .090 Construction of public schools. .110 Any structure or portion thereof within office development used for video conference facilities. SECTION 17.32.050 AGENCY PAYMENT OF FEES If the Anaheim Redevelopment Agency finds that the development in question will provide substantial benefits to the welfare of the citizens of the City, the agency may 1) make a payment of the Traffic Fee in lieu of the owner or developer paying the fee; or 2) construct or cause to be constructed a Master Plan of Highways Public Facility in lieu of the owner or developer paying the fee or constructing the facility. SECTION 17.32.060 LIMITED USE OF FEES. The revenues raised by payment of the Transportation 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 Highways Public Facilities or to reimburse the City for such Facilities constructed by the City with funds advanced by the City from other sources. SECTION 17.32.070 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 Highways Public Facility and when such construction is necessary to provide efficient and timely construction of the facilities network, a credit against the fee which would otherwise be charged pursuant to this Chapter on the development project 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 Traffic Transportation Manager and that engineering costs are limited to amounts specified in the Intermodal Surface Transportation Efficiency Act. 3 A .020 Duplicative Fees. Interim Development Fees for the Anaheim Stadium Business Center and fees paid for participation in the Santa Ana Canyon Road Community Facilities District or for any other 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 road and improvement purposes for a Master Plan of Highways Public Facility 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 17.32.080 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 transportation impacts of that development and either the amount of the 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 decision of the City Council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee. SECTION 17.32.090 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." 4 1 SECTION 2. The fee authorized by this Chapter shall apply to the issuance of any building permit for any residential development issued sixty (60) days following this ordinance's passage and for all other types of development thirty (30) days following its passage. SECTION 3. 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 4. 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 29th day of JUNE , 1993. MAYOR -OF THE MTY OF OAHEIM ATT CITY CLERK -OF TI.E CITY OF ANAHEIM SJM:dnl 032493 386.02 5 6 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 Ordinance No. 5380 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 22nd day of June, 1993, and that the same was duly passed and adopted at a regular meeting of said 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: Pickier AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5380 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. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5380 and was published once in the Anaheim Bulletin on the 8th day of July, 1993. CITY CLERK OF THE CITY OF ANAHEIM