5082a
ORDINANCE NO. 5082
AN ORDINANCE OF THE CITY OF ANAHEIM TO ADD
CHAPTER 17.31 TO TITLE 17 OF THE ANAHEIM
MUNICIPAL CODE PERTAINING TO DEVELOPMENT FEES
Whereas, the City of Anaheim did heretofore, by the
adoption of Chapter 17.30 of Title 17 of the Anaheim Municipal
Code, establish an interim development fee for developments in the
Anaheim Stadium Business Center; and
Whereas, the fee imposed by Chapter 17.30 was established
at a lower amount than required to undertake and provide the
public improvements needed for the Anaheim Stadium Business
Center; and
Whereas, the lower amount was adopted in contemplation of
the formation of a redevelopment project in the area, which
redevelopment project would have assisted in the financing of the
required public improvements; and
Whereas, the redevelopment project was never adopted for
the area; and
Whereas, additional fees above those imposed by Chapter
17.30 are required to provide for public improvements needed for
the intensified developments in the Anaheim Stadium Business
Center.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1.
That Title 17 of the Anaheim Municipal Code be, and it is hereby,
amended by adding thereto Chapter 17.31 to read as follows:
"Chapter 17.31 ADDITIONAL DEVELOPMENT FEES -ANAHEIM STADIUM
BUSINESS CENTER
17.31.010 STATEMENT OF PURPOSE.
It is the purpose of this chapter to promote the public
health, safety, and general welfare by imposing and
establishing a fee to provide for public improvements made
necessary by proposed and anticipated high-intensity and
high-density development in that area (hereinafter referred to
as the Anaheim Stadium Business Center) bounded on the east by
the Santa Ana River, on the south by the Anaheim city limits,
on the west by the Santa Ana Freeway, and on the north by the
Southern California Edison easement, which easement is
generally located parallel to and north of Katella Avenue.
The fee imposed by this Chapter is in addition to the fee
imposed by Chapter 17.30.
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17.31.020 IMPOSITION OF FEE.
There is hereby imposed on all owners or developers of
buildings or structures within the Anaheim Stadium Business
Center hereafter constructed, enlarged or modified in use
wherein the proposed use is changed to a more intensive use, a
fee in the amount of $3.65 per square foot of gross floor
building area. The fee is due before or upon occupancy of a
building or structure.
17.31.030 COLLECTION OF FEE.
The fee imposed by this chapter shall be collected prior
to the issuance of any building permit by the City of Anaheim
or prior to occupancy of the building or structure where no
building permit is required from the City of Anaheim.
The Chief Building Official shall collect said fees.
17.31.040 EXONERATION OF OBLIGATION.
The obligation imposed by this chapter shall be
exonerated by payment of the fee to the City of Anaheim.
17.31.060 ADJUSTMENT OF FEE.
The City Council of the City of Anaheim may, periodically
by resolution, adjust the amount of the 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.
17.31.065 CREDITS FOR DEDICATIONS AND IMPROVEMENTS.
a. Any owner or developer who is obligated to pay a fee
by this Chapter shall be entitled to a credit against the fee
(but only to the extent of the fee) imposed by this chapter
for the owner or developer's undertaking and completion of, or
dedication of land for, all or part of a Qualified Public
Improvement.
b. The amount of the credit to be allowed shall be as
follows:
1. completion of public improvement - the
reasonable value, as determined by the City Engineer, of
the cost of the construction of the improvement made by
the owner or developer.
2. dedication of land for road purposes - the
reasonable value, as determined by the City Engineer, of
the land dedicated or conveyed to the City or the public.
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C. An owner or developer who claims a credit pursuant
to this section shall present such documentation as the owner
or developer may elect or the City Engineer may require, to
assist the City Engineer in determining the amount of any
credit.
d. "Qualified
Public Improvement" for purposes of this
chapter shall mean
improvements
to one or more of the
following Projects:
PROJECT
GRADE
SEPARATIONS/
KATELLA AVE. $ SPRR
OVERCROSSING
2
BRIDGE SEPARATION AT
ORANGEWOOD AVE.
3
BRIDGE OVERCROSSING
PACIFICO AVE. @ I-5 FWY.
4
ORANGEWOOD AVE./I-5 FWY.
ACCESS RAMPS
CRITICAL
1
KATELLA AVE. @ STATE COLLEGE BLVD.
INTERSECTIONS
2
STATE COLLEGE BLVD. @ ORANGEWOOD AVE.
3
STATE COLLEGE BLVD. @ BALL RD.
4
CERRITOS AVE. @ STATE COLLEGE BLVD.
S
CERRITOS AVE. @ ANAHEIM BLVD.
6
BALL RD. @ ANAHEIM BLVD.
7
KATELLA AVE. @ HOWELL ST.
8
BALL RD. @ LEWIS ST.
9
CITY DR. @ STATE COLLEGE BLVD.
10
KATELLA AVE. @ LEWIS ST.
STREET
WIDENING
1
WIDEN STATE COLLEGE BLVD.
(N/0 CITY DR. TO BALL RD.)
REALIGNMENTS/
2
WIDEN LEWIS ST.
EXTENSIONS
(PACIFICO AVE. TO BALL RD.)
3
KATELLA AVE. WIDENING
(I-5 FWY. TO 57 FWY.)
4
ORANGEWOOD AVE. WIDENING
(I-5 FWY. TO 57 FWY.)
5
CERRITOS AVE. WIDENING
(SUNKIST ST. TO ANAHEIM BLVD.)
6
PACIFICO AVE. WIDENING
(STATE COLLEGE BLVD. TO I-5 FWY.)
7
PACIFICO AVE. EXTENSION
(HARBOR BLVD. TO I-5 FWY.)
8
ANAHEIM BLVD. WIDENING
9
WIDEN BALL RD.
(I-5 FWY. - SR57 FWY.)
10
REALIGNMENT
(EAST ST. & LEWIS ST.)
FREEWAYS,
1
IMPROVE TRAFFIC SIGNALS
SIGNALIZATION
COORDINATION
AND OTHER
2
CONSTRUCT 1 -WAY COUPLET
TRANSPORTATION
PARALLELING I-5 FWY.
PROJECTS
MANCHESTER AVE./ANAHEIM BLVD.
3
INCREASE INTERCHANGE
CAPACITY SR57 FWY. @ ORANGEWOOD AVE.
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17.31.070 EXEMPTIONS.
This chapter shall not apply to:
a. Any structure or any portion thereof devoted to the
parking of automobiles.
b. Conversion of a building or structure to a similar
or less intensive land use.
C. Reconstruction of any building or structure
destroyed by fire or other natural cause.
d. Construction of any building or structure approved
under a Development Agreement with the City of Anaheim entered
before January 10, 1986.
e. Any building or structure or portion thereof wherein
the proposed use is a permitted use under Section 18.61.020 of
the ML (Limited Industrial) Zone.
f. 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.
g. 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.
h. Any arena owned by the City or located upon City -
owned property.
i. Any building or structure built or to be built under
a building permit for which application was made to the
Building Division prior to November 28, 1989.
17.31.080 DEPOSIT OF FEES.
Any moneys collected pursuant to this Chapter, and any
interest income earned on such moneys shall be placed in a
separate capital facilities account or fund and shall not be
commingled with other revenues. Any moneys collected pursuant to
this Chapter shall be expended solely for the purpose of
undertaking and completing a "Qualified Public Improvement."
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SECTION 2.
That Chapter 17.30 of Title 17 of the Anaheim Municipal Code be,
and it is hereby amended by deleting the word "interim" at each
place said word appears.
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares that
should any section, paragraph, sentence or word of this ordinance,
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.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 12th day of December, 1989.
ATTEST:
CITY CLERK OF THE CITY OF ANAR M
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2861L
092889
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CLERK
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. 5082 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 28th day of November, 1989,
and that the same was duly passed and adopted at a regular meeting of said
City Council held on the 12th day of December, 1989, by the following vote of
the members thereof:
AYES: COUNCIL MEMBERS: Daly, Kaywood, Pickler and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Ehrle
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 5082 on the 13th day of December, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 13th day of November, 1989.
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 Ordinance No. 5082 and was published once in the
Anaheim Bulletin on the 22nd day of December, 1989.
CITY CLERK OF THE CITY OF ANAHEIM