6025ORDINANCE NO. 6025
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADDING SECTION 10.12.095 TO CHAPTER 10.12
OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE
ESTABLISHING A SEWER IMPACT AND IMPROVEMENT
FEE FOR NEW AND EXPANDED DEVELOPMENT IN THE
EAST CITY AREA
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1.
That Section 10. 12.095 be, and the same is hereby, added to Chapter 10.12 of Title 10 of
the Anaheim Municipal Code to read as follows:
"Section 10.12.095 SEWER IMPACT AND IMPROVEMENT FEE (EAST
CITY AREA)
11.010 STATEMENT OF PURPOSE
In order to implement the goals and objectives of the "Combined East Anaheim Area
Master Plan of Sanitary Sewers" dated December, 2005, adopted in January of 2006
by Resolution No. 2006-004, and the "Combined East Anaheim Area Sanitary Sewer
Financial Implementation Plan" dated January, 2006, and to mitigate the deficiency
in the sewer system caused by new development and/or by additions and expansions
to existing development within the East City Area (ECA) of the City of Anaheim, the
City Council has determined that a sewer impact fee is needed to finance these sewer
improvements and to pay for new developments and expansions and additions to
existing developments. The East City Area is as specifically shown in the
"Combined East Anaheim Area Master Plan of Sanitary Sewers" 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.
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
sewer needs as established in the "Combined East Anaheim Area Master Plan of
Sanitary Sewers" for the East City Area.
".020 ANAHEIM SEWER IMPACT FEE FOR THE EAST CITY AREA
A Sewer Impact and Improvement fee is hereby established for various customer
classes and financial impact zones, as described in the "Combined East Anaheim
Area Sanitary Sewer Financial Implementation Plan", which fee shall be applicable
to all new development and for expansions and additions to existing developments in
the East City Area ("Sewer 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,
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.
Except as otherwise provided in Section 66007 of the Government Code, the Sewer
Fee shall be paid by each owner or developer prior to issuance of a building permit.
".030 REVIEW AND ADJUSTMENT OF FEE
On an annual basis, the City Council shall review the Sewer 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, adjust the amount of the Sewer 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 -Record's Construction Cost
Index and 2) the estimated changes reflecting amendments or revisions to the
Combined East Anaheim Area Master Plan of Sanitary Sewers."
".040 EXEMPTIONS.
This Chapter shall not apply to:
.010 Conversion of a building or structure to a similar or less
intensive land use.
.020 Reconstruction of any building or structure destroyed by
fire or other natural cause.
.030 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 units and/or floor area of the original structure shall be
deducted from the units and/or floor area of the new structure.
.040 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 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.
".050 CITY OF ANAHEIM PAYMENT OF SEWER FEES
If the City of Anaheim finds that the development in question will provide
substantial benefits to the welfare of the citizens of the City, the City may 1) make a
payment of the Sewer Fee in lieu of the owner or developer paying the fee; or 2)
construct or cause to be constructed a Sewer Deficiency Public Facility
as a credit against such fees when such facility is required as a condition of
approval of the development permits.
".060 REDEVELOPMENT AGENCY PAYMENT OF SEWER FEES
If the Anaheim Redevelopment Agency is negotiating with an owner or developer to
provide economic incentives to a business for the purpose of relocating to or
remaining in a redevelopment project area, and the Agency fins that such business
will provide substantial tangible economic benefits to the redevelopment area in
which the project is located which outweigh the proposed economic incentives, the
Agency may, as a portion of the economic incentives to be provided to the business
(1) make payment of the sewer fee in lieu of the owner or developer paying the fee or
(2) construct or cause to be a constructed a Sewer Deficiency Public Facility as a
credit against such fee when such facility is required by the conditions of approval of
the development permits.
".070 LIMITED USE OF FEES.
The revenue raised by payment of the Sewer Fee shall be placed in a separate and
special account, and'such revenue, along with any interest earnings on that account,
shall be used solely to pay for the City's future construction of facilities under the
Combined East Anaheim Area Master Plan of Sanitary Sewers or to reimburse the
City for such Facilities constructed by the City with funds advanced by the City from
other sources.
11.080 CREDITS.
.010 Construction of Sewer Deficiency Public Facility.
Whenever an owner or developer is required, as a condition of approval of
a development permit, to construct a public facility identified as required
in the Combined East Anaheim Area Master Plan of Sanitary Sewers
("Sewer Deficiency Public Facility') within the East City 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 Combined East Anaheim Area Master Plan of Sanitary
Sewers and the Combined East Anaheim Area Sanitary Sewer Financial
Implementation Plan for the East City Area.
.020 Duplicative Fees. 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
sewer improvement purposes for a Sewer Deficiency 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.
.090 SEWER 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 sewer
impacts of that development and either the amount of the Sewer 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 City Council shall
waive or adjust the fee where the City Council finds, based upon substantial
evidence in the record, that such waiver or adjustment is necessary to ensure that said
fee, if any, is related both in nature and extent to the impact of the proposed project.
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.
11.100 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.
11.110 EFFECTIVE DATE.
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.11
SECTION 2. 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 3. 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 4. EFFECTIVE DATE AND PUBLICATION.
The fees established by this ordinance shall become effective sixty (60) days from and
after the date of its adoption by the City Council. The City Clerk shall cause this ordinance to be
published at least once in the official newspaper within fifteen days after its adoption.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 25tlday of April , 2006, and thereafter
passed and adopted at a regular meeting of said City Council held on the 9 tlday of
May , 2006, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF AHEIM
By
MAYOR OF THE CITY OF ANAHEIM
ATTE;4COF
X.Rdg it
CITY 1HE CITY OF ANAHEIM
60573.1
AFFIDAVIT 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
eighteen 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:
May 18, 2006
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: May 18, 2006
Id Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
Proof of Publication of
Paste Clipping of
Notice
SECURELY
In This Space
Cr'D+NANCF-NO. 6025
TAN ORDINANCE OF THE CITY ABL SH NG A SEWER IMPACT AND COUNCIL OF
c PROVF ITY OF ANAHEIM FEEE FOR NEW ANNDIE EXPANDED DEVELOPMENT N THE EAST C TUE 10 OF THE ANAHEIM MUNICIPAL CODE ES -
THE CITY COUNCIL OF THE CITY OF ANAHEIM, ...SES ORDAIN AS FOLLOWS:
SECTION I.
That Section 10.12.095 be, and the same is hereby, added to Chapter 10.12 of Title 10 of the Anaheim Municipal Code to read as follows:
"Section 10.12.095 SEWER IMPACT AND IMPROVEMENT FEE (EAST CITY AREA)
11.010 STATEMENT OF PURPOSE
In order to implement the goals and objectives of the "Combined East Anaheim Area Master Plan of Sanitary Sewers" dated December, 2005, adopted in January of 2006 by
Resolution No. 2006-004, and the "Combined East Anaheim Area Sanitary Sewer Financial Implementation Plan" dated January, 2006, and to mitigate the deficiency in the
sewer system caused by new development and/or by additions and expansions to existing development within the East City Area (ECA) of the City of Anaheim, the City
Council has determined that a sewer impact fee is needed to finance these sewer improvements and to pay for new developments and expansions and additions to existing
developments. The East City Area is as specifically shown in the "Combined East Anaheim Area Master Plan of Sanitary Sewers" 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.
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 Sec-
tion 65913.2, has considered the effects of the fee with respect to the City's sewer needs as established in the "Combined East Anaheim Area Master Plan of Sanitary Sew-
ers" for the East City Area. -
".020ANAHEIM SEWER IMPACT FEE FOR THE EAST CITY AREA
A Sewer Impact and Improvement fee is hereby established for various customer classes and financial impact zones, as described in the "Combined East Anaheim Area San-
itary Sewer Fnanc,al Implementation Plan", which fee shall be applicable to all new development and for expansions and additions to existing developments in the East City
Area ("Sewer 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, describe the estimated cost of these facilities, describe the reasonable relationship between this tee and
the various types of new developments and set forth time for payment.
Except as otherwise provided in Section 66007 of the Government Code, the Sewer Fee shall be paid by each owner or developer prior to issuance of a building permit.
".030 REVIEW AND ADJUSTMENT OF FEE
On an annual basis, the City Council shall review the Sewer 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, adjust the amount of the Sewer Fee established by this Chapter in accord-
ance with 1) the construction cost index for construction costs in the Los Angeles area published in the Engineering News -Record's Construction Cost Index and 2) the esti-
mated changes reflecting amendments or revisions to the Combined East Anaheim Area Master Plan of Sanitary Sewers."
".040 EXEMPTIONS.
This Chapter shall not apply to: -
.010 Conversion of a building or structure to a similar or less intensive land use.
.020 Reconstruction of any building or structure destroyed by fire or other natural cause.
.030 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 ("origi-
nal 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 units and/or floor area of the original structure shall be deducted from the units and/or floor area of the new structure.
.040 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 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.
".050 CITY OF ANAHEIM PAYMENT OF SEWER FEES
If the City of Anaheim finds that the development in question will provide substantial benefits to the welfare of the citizens of the City, the City may 1) make a payment of the
Sewer Fee in lieu of the owner or developer paying the fee; or 2) construct or cause to be constructed a Sewer Deficiency Public Facility as a credit against such fees when
such facility is required as a condition of approval of the development permits.
".060 REDEVELOPMENT AGENCY PAYMENT OF SEWER FEES
If the Anaheim Redevelopment Agency Is negotiating with an owner or developer to provide economic incentives to a business for the purpose of relocating to or remaining
in a redevelopment project area, and the Agency fins that such business will provide substantial tangible economic benefits to the redevelopment area in which the project is
located which outweigh the proposed economic incentives, the Agency may, as a portion of the economic incentives to be provided to the business (1) make payment of the
sewer fee in lieu of the owner or developer paying the fee or (2) construct or cause to be a constructed a Sewer Deficiency Public Facility as a credit against such fee when
such facility is required by the conditions of approval of the development permits.
".070 LIMITED USE OF FEES.
The revenue raised by payyment of the Sewer Fee shall be placed in a separate and special account, and such revenue, along with any interest earnings on that account,
shall be used such Facilities colnstrtuct d fo the City'sity f funds nstruclednbyftfacilities under he City from otherso� sources. East Anaheim Area Master Plan of Sanitary Sewers or to reimburse the City for
".080 CREDITS.
.010 Construction of Sewer Deficiency Public Facility.
Whenever an owner or developer is required, as a condition of approval of a development permit, to construct a public facility identified as required In the Combined
East Anaheim Area Master. Plan of Sanitary Sewers ("Sewer Deficiency Public Facility") within the East City Area and when such construction is necessary to provide effi
cient and timely construction of the facilities, a credit against the fee which would otherwise be fee), provided at to project ex aenditureter on tcertificathe lon is apment proved by ect h tlhe City
available to the owner or developer upon completion of the Facility (but only to the extent of the fee), p p I
Engineer and that engineering costs are limited to amounts specified in the Combined East Anaheim Area Master Plan of Sanitary Sewers and the Combined East Ana-
heim Area Sanitary Sewer Financial Implementation Plan for the East City Area.
.020 Duplicative Fees. 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 sewer improvement purposes for a Sewer Deficiency 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.
.090 SEWER 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 sewer impacts of that development and either the amount of the Sewer 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 develop-
ment 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 sepa-
rate hearing held within sixty (60) days after the filing of the tee adjustment application, whichever is later. The City Council shall waive or adjust the fee where the City Coun-
cil finds, based upon substantial evidence in the record, that such waiver or adjustment is necessary to ensure that said fee, if any, is related both in nature and extent to the
imsact of the proposed project. 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 in-
va idate the waiver, adjustment or reduction of the fee.
".100 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.
".110 EFFECTIVE DATE.
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." -
SECTION 2. 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 declaredfor 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. SAVINGS CLAUSE
Neither the ad%ption 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 d nance iinsofar lastthey aretisubstantially the same a ordnnor be ance provisionsas a waiver fpreviolicense
usly adoped penalty the Citor the y relatinal ng to the sarovisions me suble to ject matter, shall be construed violation thereof. The as restatementthis
and
continuations, and not as new enactments. -
SECTION 4. EFFECTIVE DATE AND PUBLICATION.
The fees established by this ordinance shall become effective sixty (60) days from and after the date of its adoption by the City Council. The City Clerk shall cause this ordinance to
be published at least once in the official newspaper within fifteen days after its adoption.
THE FOREGOING ORDINANCyyE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 25th day of April, 2006, and thereafter passed and adopt-
ed
AYESa regular ayor Pringle,fsaid CouncillMembers SCouncil edhu, Held on rne dez, Gallh day of oway, Chavez
NOES:
following roll call vote:
NOES: None
ABSENT: None
CITY OF ANAHEIM
ABSTAIN: None
B !s/Curt Pringle
MAYOR OF THE CITY OF ANAHEIM