Loading...
93-149 RESOLUTION NO. 93R-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FORMING A DRAINAGE DISTRICT AND ESTABLISHING DRAINAGE FEES. (LEMON STREET DRAINAGE DISTRICT) WHEREAS, on January 15, 1974, by Resolution No. 74R-11, the city Council duly adopted the Master Plan for Drainage (the "MPD") for the City of Anaheim; and WHEREAS, said MPD was subsequently amended by Resolution No. 83R-478; and WHEREAS, said MPD established Drainage Area No. 15 which established the particular drainage area specified herein; and WHEREAS, Section 17.08.400 of the Anaheim Municipal Code requires subdividers or developers of property within said drainage areas to pay drainage fees in such amounts as established by resolution of the City Council; and WHEREAS, the costs of constructing the drainage facilities for said local drainage areas, whether actual or estimated, are set forth in the MPD; and WHEREAS, the City Council hereby finds and determines as follows: 1. The Lemon Street Storm Drain which is the subject of these proceedings, as described and shown on the map marked Exhibit A, attached hereto and incorporated herein by this reference (the "Improvement") is a facility described within the MPD; and 2. The properties within the proposed District, as shown within the boundaries described on Exhibit A hereof, benefit from the Improvement; and 3. The actual cost of the Improvement is $956,000; and 4. Development of property within the proposed District requires construction of the Improvement; and 5. The proposed fee has been determined by dividing the total actual cost of the Improvement by the number of acres within the proposed District benefitting from the Improvement to determine the per acre fee to be imposed on future development in the District; and 6. The proposed fee has been fairly apportioned within such District on the basis of benefits conferred on property proposed for subdivision or development, or on the need for such Improvement created by the proposed subdivision or development of other property in the District; and 7. The proposed fee does not exceed the pro rata share of the amount of the total actual or estimated costs of all facilities within such District which would be assessable on such property if such costs were apportioned on a per-acre basis; and 8. The Improvement is in addition to facilities serving the area at the time of the adoption of the MPD for the particular area; and 9. A majority protest has been received from properties within the proposed District; and 10. The public interest and convenienoe require the Improvements and said protests are hereby overruled. NOW THEREFORE BE IT RESOLVED, that the Lemon Street Drainage District, comprising that property within the boundaries shown on that map marked Exhibit A and incorporated by this reference herein, be, and it is hereby, formed. BE IT FURTHER RESOLVED that the following fee be, and it is hereby, established pursuant to Section 17.08.400 of the Anaheim Municipal Code for purposes of defraying the actual or estimated costs of constructing drainage facilities for the Lemon Street Drainage District AREA FEE PER ACRE LEMON STREET DRAINAGE $7,150.00 DISTRICT BE IT FURTHER RESOLVED that said fee shall not apply to the following construction projects not involving the subdivision of property: 1. Conversion of an existing building or structure to a different use. 2. Reconstruction or remodeling of any building or structure not involving the enlargement or expansion of such building or structure. 3. Construction of any building or structure pursuant to a Development Agreement adopted by ordinance of the city which ordinance was adopted prior to the date of this resolution and which Agreement expressly exempts such construction from the fee 2471.1\J~HITE\June 28, 19~ 2 established herein. 4. Any building or structure, or any portion of a building or structure ("new structure") which is constructed as a replacement, addition, expansion or enlargement to 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 resolution, the acreage fee payable shall be calculated on the parcel acreage which is a fraction of the entire acreage of the parcel upon which the building or structure is located which fraction is equal to the fraction represented by dividing the total square footage of the original structure by the total square footage of the new structure. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 29th day of , 1993. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:lm 2471.1\JIJHITE\June 28, 199~ 3 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 Resolution No. 93R-149 was introduced and adopted at a regular meeting provided by law, of the AnaJheim City Council held on the 29th day of June, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pickler AND I FURTHER CERTIFY that the Mayor of the City of Anaiheim signed said Resolution No. 93R-149 on the 30th day of June, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 30th day of June, 1993. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SO. HL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution Nd~'93R-149 was duly passed and adopted by the City Council of the City of Anaheim on June 29, 1993. CITY CLERK OF THE CITY OF ANAHEIM · - ' '~:: EXHIBIT "A" , ,~ ~_~..~ ,. ~ "~ .~,~:~ ! : '" ' ' ' '? - '" ' 'l'I~-"~ ,'~ --",' CITY OF~ ~TAR~NG F~URE ~ORM DRAINS ~I~]NG ~ORM DRAIN: Cf~ OF ANAHEIM OTHER AG ~NCY CITY LIMITS AREA BOUNDARY ,. SU~-AREA