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4655ORDINANCE NO. 4655 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 17.30 TO TITLE 17 OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING AN INTERIM FEE FOR PUBLIC IMPROVEMENTS IN THE ANAHEIM STADIUM BUSINESS CENTER. WHEREAS, that portion of the City of Anaheim 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 (hereinafter referred to as the "Anaheim Stadium Business Center") is presently generally zoned and developed with low-rise, low -intensity industrial land uses; and WHEREAS, due to the location of the Anaheim Stadium Business Center, numerous high-rise, high-intensity office and other intense land uses and developments have been proposed, approved, or are in the planning stages; and WHEREAS, the existing public improvements in the Anaheim Stadium Business Center are adequate for the existing land uses; and WHEREAS, the existing public improvements are undersized, inadequate, and lacking in capacity for the proposed and anticipated high-rise, high-intensity office and other intense land uses and developments; and WHEREAS, it is necessary and desirable in furtherance of the public health, safety and general welfare to study and determine methods to finance and pay for needed public improvements including, but not limited to, sewers, drainage systems, streets and sidewalks, transit and transportation systems, fire stations, and police stations among others (hereinafter "Public Improvements"); and WHEREAS, the studies required to determine the appropriate methods to finance, pay for, and provide Public Improvements will require extensive study, hearings and an extended period of time for adoption and implementation; and WHEREAS, imposition of an interim fee is necessary and desirable and in the public interest to: (a) require that any project being built prior to the adoption of a permanent financing plan participate in the provision of Public Improvements which benefit said project, (b) avoid the imposition of even higher fees on projects to be developed later by requiring participation by current developments, (c) help insure that funds are available to provide Public Improvements to benefit, and made necessary by, such current developments; and (see also Ord. 4690) WHEREAS, the cost of Public Improvements made necessary by such anticipated high-intensity uses have been estimated; and WHEREAS, the cost of Public Improvements divided by the square footage of buildings anticipated in the Anaheim Stadium Business Center has been calculated to equal $7.97 per square foot of building area. NOW, THEREFORE, THE CITY 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 17.30 to read as follows: "CHAPTER 17.30 INTERIM DEVELOPMENT FEES - ANAHEIM STADIUM BUSINESS CENTER SECTION 17.30.010 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. SECTION 17.30.020 Imposition of Interim Fee a. 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, an interim fee in the amount of $4.12 per square foot of gross floor building area. b. The interim fee imposed by the preceding paragraph a shall be reduced to $1.05 per square foot of gross building floor area in those cases where each of the following conditions exist: -2- (1) The building is to be built on property which on the effective date of this Ordinance is either: (a) zoned CO (Commercial Office and Professional) in an area designated Commercial Professional on the City General Plan and such use of said building is permitted by Section 18.41.020 of the Anaheim Municipal Code; or (b) zoned CL (Commercial Limited) in an area designated General Commercial on the City General Plan and such use of said building is permitted by Section 18.44.020 of the Anaheim Municipal Code; or (c) zoned C-R (Commercial Recreation) in an area designated Commercial Recreation on the City General Plan and such use of said building is permitted by Section 18.48.020 of the Anaheim Municipal Code; (2) The building is to be built in conformance with plans having final discretionary approval by the Anaheim Planning Commission or City Councilprior to the effective date of this ordinance; and (3) The owner or developer shall either, on the effective date of this ordinance, (a) own the property where the building is proposed, (b) have a lease of the property for at least 25 years; or (c) have a binding agreement to purchase the property. C. The interim fee imposed by paragraph a shall be reduced to $2.10 per square foot of gross building floor area in those cases where each of the following conditions exist: (1) The building is to be built in conformance with plans having final discretionary approval by the Anaheim Planning Commission or City Council prior to the effective date of this ordinance; and (2) The owner or developer shall either, on the effective date of this ordinance (a) own the property, (b) have a lease of the property for at least 25 years, or (c) have a binding agreement to purchase the property. SECTION 17.30.030 Collection of Fee The interim fee imposed by this ordinance shall be due and payable: -3- a. prior to the issuance of any building permit by the City of Anaheim; or b. prior to occupancy of the building or structure where no building permit is required from the City of Anaheim for the building or structure. The Chief Building Official shall collect said fees. SECTION 17.30.040 Exoneration of Obligation The obligation imposed by this chapter shall be exonerated by payment of the fee to the City of Anaheim. SECTION 17.30.050 Methods of Payment The fee imposed by this chapter may be paid in accordance with one of the following alternatives: a. By payment in full at the time of issuance of the building permit or prior to occupancy of the building (if no building permit is required); or b. For those fees imposed pursuant to Section 17.30.020a by payment in full prior to issuance of a certificate of occupancy if the permittee shall post with the City of Anaheim, prior to issuance of the building permit, a bond in a penal sum of one hundred twenty-five percent (125%) of the fee to assure payment of the fee and performance of the obligations imposed by this chapter. The fee shall be increased at the rate of twelve percent (12%) per annum, or an amount equal to the rate of return on the City's invested surplus funds (as recomputed every six [6] months), whichever is greater, from the date of issuance of the building permit (or commencement of construction if no building permit is required from the City of Anaheim) until payment of the fee in full. SECTION 17.30.060 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 the construction cost index for construction costs in the Los Angeles area published in the Engineering News -Record Construction Cost Index. SECTION 17.30.070 Exemptions This chapter shall not apply to: a. Any structure or any portion thereof devoted to 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 by the City of Anaheim under a Development Agreement entered before the effective date of this ordinance. e. Any building or structure wherein the proposed use is a permitted use under Section 18.61.020 of the ML (Limited Industrial) Zone. SECTION 17.30.080 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 2. 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. SECTION 3. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. -5- THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 10th day of December, 1985. ATTEST: C CLERK OF THE CITY OF AN7=M MES: fm 4244M 120285 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. 4655 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 24th day of September, 1985, and had amended first reading on November 26, 1985, and was again amended and had first reading on December 3, 1985, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 10th day of December, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4655 on the 10th day of December, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of December, 1985. 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. 4655 and was published once in the Anaheim Bulletin on the 20th day of December, 1985. CITY CLERK