Loading...
RES-2006-087RESOLUTION N0.2006-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING A SEWER IMPACT AND IMPROVEMENT FEE FOR THE EAST AREA OF THE CITY OF ANAHEIM WHEREAS, Title 10, Chapter 10.12, Section 10.12.020 of the Anaheim Municipal Code authorizes the City Council of the City of Anaheim to establish from time to time, by resolution, the charges to be made for any and all disposal connections with the Public Sewerage System; and WHEREAS, aCity-wide sewer service fee is currently in effect for all areas of the City; and WHEREAS, in order to implement the goals and objectives of the "Combine .;ast Anaheim Area Master Plan of Sanitary Sewers" for the East Area of the City of Anahein., dated December 2005, and adopted in January 2006, by Resolution No. 2006-004, and the goals and objectives of Section 4 of "The Anaheim General Plan" adopted in May of 2004 and the "Combined East Anaheim Area Sanitary Sewer Financial Implementation Plan dated January 2006 (hereinafter referred to collectively as "Studies") and to mitigate deficiencies in the sewer system caused by new development and/or by additions and expansions to existing development within the East City Area (ECA), the City Council has enacted Section 10.12.095 of the Anaheim Municipal Code and has determined that additional sewer impact fees are needed to finance sewer improvements for new and/or expanded developments in the East City Area; and WHEREAS, the East City Area is as specifically shown in the Studies, and is bounded by the Tustin Avenue/Kramer Boulevard/Orange Freeway (SR-57) on the West, the City's Northern Limits on the North, the City's Eastern Limits on the East, and the City's Southern Limits on the South; and WHEREAS, the City Council of the City of Anaheim did hold a public hearing on Apri125, 2006 to consider imposing an additional Sewer Impact and Improvement Fee for the East City Area, ("Sewer Fee"), notice of which hearing was given in the manner required by law; and WHEREAS, an analysis of the need for sewer improvements and for new and expanded sewer facilities and improvements for new and expanded developments in the East City Area is set forth in the Studies referred to hereinabove; and WHEREAS, said Studies list the specific improvements in the East City Area to be financed, describe the estimated costs of said improvements, set forth the relationship between new development, the expansion of existing development and the needed facilities, and provide estimates of costs for those improvements; and WHEREAS, said Studies were available for public inspection and review fourteen (14) days prior to the public hearing; and WHEREAS, the City Council, after due consideration of all evidence, testimony and reports offered at the public hearing does find as follows: 1 A. The purpose of adding the Sewer Fee is to finance sewer facilities to reduce the impacts on the sewer system caused by new development and expansion of existing development within the East City Area. B. The additional Sewer Fees collected pursuant to this resolution shall be used to finance only the sewer facilities shown in the East Area Sewer Deficiency Study for the East City Area, the "Combined East Anaheim Area Sanitary Sewer Financial Implementation Plan", or the Anaheim General Plan. C. The Studies, copies of which are available in the office of the City Engineer, are approved and incorporated herein. D. Development will generate additional sewer flow and will contribute to existing sewer deficiencies within the East City Area. E. There is a need in the City of Anaheim for expanding the capacity for the sewer system and for new and expanded construction to contribute its fair share towards these facility costs. Said sewer facilities have been called for in, or are consistent with, the Land Use Element of the City's General Plan. F. The facts and evidence presented establish that there is a reasonable relationship between the need for the described sewer facilities in the East City Area and the impacts on the sewer facilities by the types of development described in paragraph three (3) below, for which the corresponding fee is charged, and, also there is a reasonable relationship between the fee's use and the type of development for which the fee is charged in that these sewer facilities accommodate the additional sewerage flow generated by such development. The reasonable relationships or nexus are described in more detail in the Studies referred to above. G. The cost estimates set forth in the "Combined East Anaheim Area Sanitary Sewer Financial Implementation Plan" study are reasonable cost estimates for constructing facilities, and expanding facilities in the East City Area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. Definitions. (a) "New Development" shall mean construction of residential buildings or structures, original construction of commercial, industrial or other non-residential buildings or structures, or the addition of floor space to existing buildings or structures. (b) "Exempted Development" shall mean development exempted by Section 10.12.085.040 of the Anaheim Municipal Code. 2. Continuation of Existing City-Wide Charges. (a) The sanitation charges applicable to all residential, commercial and industrial establishments within the City of Anaheim shall remain at the rates fixed by City Council for city-wide sanitation service charges except for such additional charges as maybe imposed hereunder. 2 (b) The sanitation charges herein provided for are made solely for the privilege of disposing of sewage into the Public Sewerage System, neither labor nor materials being provided for herein. Further, if the City elects to, or has already installed a connection, the actual cost of installation thereof shall be added to the applicable charge provided for herein. 3. East City Area Fee (a) In addition to the sewer fee set forth in subsection 2 above, an additional sewer impact and development fee shall be charged for new and expanded development within the East City Area, (Sewer Fee} at the rates shown on the Sewer Fee Schedule, attached hereto as Exhibit "A" and incorporated herein by reference which fee shall be paid upon issuance of any building permit, except as otherwise provided by Section 66007 of the Government Code. (b) The Sewer Fee shall be solely used to pay (1) for the described public facilities to be constructed in the East City Area as set forth ~i: the "Combined East Anaheim Area Sanitary Sewer Financial Implementation Plan", previously approved and incorporated herein by the City Council, a copy of which is on file in the Office of the City Clerk, and in the "Combined East Anaheim Area Master Plan of Sanitary Sewers," previously adopted by Resolution of the City Council and currently on file in the Office of the City Clerk, and incorporated herein by reference; or (2) for reimbursing the City for the development's fair share of those sewer facilities within the East City Area constructed by the City after the effective date of this Resolution. 4. Fee Review. On or about 3uly 16, 200 and each following year, the Public Works Department shall review the estimated cost nfthe described sewer improvements, the continued need for those improvemen*s and the r~asora'~le re'.ationship between such n: ea avid the impacts of the various types of deve;ornnent pending car anticipated. and for which the sewer fees are charged. The Public Works Department shall report its findings to the City Council at a noticed public hearing and recommend any adjustment to these Sewer Fees or other action as maybe needed. BE IT FURTHER RESOLVED as follows: 1. The additional fees for the East City Area, set forth in the ECA Sewer Fee Schedule attached hereto as Exhibit "A", and incorporated herein, shall be, and are hereby, adopted. 2. The additional fees for the East City Area established herein shall become effective sixty (60) days following the date of adoption of this Resolution. 3. The fees established herein shall, upon effectiveness, supersede any previously adopted fees for the same permit or approval. 4. The City Council hereby declares that should any one or more fees established by this Resolution or any portion of this Resolution be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other fees and portions of this Resolution independent of the elimination herefrom of any such fee or such portion as maybe declared invalid. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 9th day of May , 2006 by the following roll-call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSTAIN: None ABSENT: None CITY OF ANAHEIM MA E ANAHEIM ATTEST: CITY LERK O HE TY OF ANAHEIM 60589.1 60589.1\JSOLIS\February 7, 2006 4 Exhibit "A" Sewer Impact and Improvement Fees (2005 Dollars) Zone A Zone B Zone C' Zone D= Single Family (per unit) Estate $591 $826 $0 $0 Multi-Family (per unit) Low-Medium $0 $973 $0 $0 Mobile Home (per unit) $0 $0 $0 $0 Hotel/Motel (per unit) $0 $0 $0 $0 Commercial (per 1,000 sq ft) $0 $68 $0 $0 Industrial (per 1,000 sq ft) $0 $0 $0 $0 Institutional (per 1,000 sq ft) $0 $0 $0 $0 1) Zone C has no fee since there are no sewer needs due to build-out developmem. 2) Zone D has no fee since it includes Mountain Park (Models 60 and 61) and other developed area (Model 59). Any improvements required for these areas will be mitigated as a condition of development approval.