5674ORDINANCE NO. 5674
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
TITLE 17 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO DEVELOPMENT FEES WITHIN THE
ANAHEIM STADIUM BUSINESS CENTER AND CITY-WIDE
TRANSPORTATION IMPACT FEES
WHEREAS, Chapters 17.30 and 17.31 were added to the
Anaheim Municipal Code for the purpose of establishing fees to
provide for public improvements made necessary by proposed and
anticipated high-intensity and high-density development in the
Anaheim Stadium Business Center ("Stadium Area") 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; and
WHEREAS, amendments to the General Plan for the Stadium
Business Center and the Anaheim Stadium Area Master Land Use Plan
have established a land use plan necessitating a restructuring of
the fees for the Stadium Area through which such Stadium Area
fees will only be required to develop sewer improvements west of
State College Boulevard in the Katella Corridor District; and
WHEREAS, as the result of this restructuring of fees,
the fees collected under Chapter 17.31 will no longer be
necessary; and
WHEREAS, the credit provisions for the Stadium Area
currently applicable under Section 17.32.070 will no longer be
relevant since the restructuring of the Stadium Area fee
eliminates the funding for transportation improvements within the
Stadium Area fee structure; and
WHEREAS, the city-wide transportation impact fee under
Chapter 17.32 will continue to apply to the Stadium Area.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
HEREBY ORDAINS AS FOLLOWS:
SECTION 1
That Section 17.30.020 of Chapter 17.30 of Title 17 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"17.30.020 IMPOSITION OF FEE.
There is hereby imposed on all owners or
developers of buildings or structures within the
Anaheim Stadium Business Center hereafter constructed,
4nlarged or modified in use wherein the proposed use is
changed to a more intensive use, sewer impact fees.
The City Council shall, by Council resolution, set
forth the specific amount of the fees, describe the
specific public improvements to be financed, describe
the estimated cost of these facilities, describe the
reasonable relationship between this fee and the
various types of new developments and set forth time
for payment."
SECTION 2.
That Section 17.30.050 of Chapter 17.30 of Title 17 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"17.30.050 METHODS OF PAYMENT.
The fee imposed by this chapter may be paid 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)."
SECTION 3.
That Section 17.30.060 of Chapter 17.30 of Title 17 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"17.30.060 REVIEW AND ADJUSTMENT OF FEE.
On an annual basis, the City Council shall review
the Sewer fees 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 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."
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SECTION 4.
That Section 17.30.070 of Chapter 17.30 of Title 17 of
the Anaheim�Municipal Code be, and the same is hereby, amended to
read as follows:
"17.30.070 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 days immediately preceding commencement
of such construction. For purposes of calculating the
fee payable pursuant to this chapter, the units and/or
floor area of the original structure shall be deducted
from the units and/or floor area 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. For purposes of
calculating the sewer impact fee payable pursuant to
this chapter, the units and/or floor area of the
existing structure shall be deducted from the units
and/or floor area of the total structure."
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SECTION S.
That Section 17.30.076 be, and the same is hereby,
added to Chapter 17.30 of Title 17 of the Anaheim Municipal Code
to read as follows:
"I"7.30.076 CREDITS.
.010 Construction of Facility. Whenever an owner or
developer is required, as a condition of approval of a
development permit, to construct a sewer facility
required by the Stadium Area Master Land Use Plan
Supplement to the South Central Area Sewer Deficiency
Study within the Anaheim Stadium Business 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 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 "Stadium
Area Master Land Use Plan (West of State College
Boulevard) Supplement to the South Central Area Sewer
Deficiency Study, Second Revision, dated January, 1999.
.020 Duplicative Fees. Fees or payments which are
determined by the City Engineer to be duplicative of
the sanitary sewer 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 sewer improvement purposes for a facility
within the Anaheim Stadium Business Center, as such
facility is set forth in the "Stadium Area Master Land
Use Plan (West of State College Boulevard) Supplement
to the South Central Area Sewer Deficiency Study,
Second Revision, dated January, 1999," 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 6.
That Chapter 17.31 of Title 17 of the Anaheim Municipal
Code be, and the same is hereby, deleted in its entirety.
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SECTION 7.
That Section 17.32.070 of Chapter 17.32 of Title 17 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
`R17.32.070 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. If
the amount of the fee established by the City Council
is based upon a discounted percentage of the actual
costs of mitigating the impacts.
.020 Duplicative Fees. 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. If the amount of the fee established by the
City Council is based upon a discounted percentage of
the actual costs of mitigating the impacts of new
development, the amount of credit available pursuant to
this subsection shall be correspondingly discounted."
SECTION 8. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
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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.
SMTION 9. 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 10. PENALTY
It shall be unlawful for any person, firm or
corporation to violate any provision or to fail to comply with
any of the requirements of this ordinance. Any person, firm or
corporation violating any provision of this ordinance or failing
to comply with any of its requirements shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding One Thousand Dollars ($1,000.00) or by
imprisonment not exceeding six (6) months, or by both such fine
and imprisonment. Each such person, firm or corporation shall be
deemed guilty of a separate offense for each day during any
portion of which any violation of any of the provisions of this
ordinance is committed, continued or permitted by such person,
firm or corporation, and shall be punishable therefor as provided
for in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 16th day of March
1999.
MAYOR OF THE CITY 00 ANAHEIM
ATTES .
,P A� Al A W S�4(
ITY CLERK OF THE CITY OF ANAHEIM
29553.2
31
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. 5674 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 2nd day of March, 1999, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 16th day of March, 1999, by the following
vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS:
NOES: MAYOR/COUNCIL MEMBERS:
ABSENT: MAYOR/COUNCIL MEMBERS
Feldhaus, Kring, Tait, McCracken, Daly
None
None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No.
5674 on the 16th day of March 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 16th day of March, 1999.
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. 5674 and was published once in the North County News on the 25th
day of March, 1999.
CITY CLERK OF THE CITY OF ANAHEIM
PROOF OF PUBLICATION
STATE OF CALIFORNIA, )
ss.
County of Orange, )
I am a citizen of the United States and a resident of
the County aforesaid; I am over the age of twenty
one years, and not a party to or interested in the
above entitled matter. I am the principal clerk of the
Anaheim Bulletin, a newspaper that has been
adjudged to be a newspaper of general circulation
by the Superior Court of the County of Orange,
State of California, on December 28, 1951, Case
No. A-21021 in and for the City of Anaheim, County
of Orange, State of California; that the notice, of
which the annexed is a true printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to wit:
"I certify (or declare) under the penalty of perjury
under the laws of the State of California that the
foregoing is true and correct":
Date March 25, , 19Qq
/ Signature
Anaheim Bulletin
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Anaheim, CA 92805
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