93-148 RESOLUTION NO. 93R-148
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ESTABLISHING A TRANSPORTATION
IMPACT AND IMPROVEMENT FEE FOR ALL
DEVELOPMENTS IN THE CITY OF ANAHEIM.
WHEREAS, the City Council of the city of Anaheim did
hold a public hearing to consider imposition of a Transportation
Impact and Improvement Fee ("Transportation Fee"), notice of
which hearing was given in the manner referred by law; and
WHEREAS, the City Council has adopted Ordinance No.
5380 creating and establishing the authority for imposing and
charging a Transportation Impact and Improvement Fee; and
WHEREAS, an analysis of the need for new public
facilities and improvements required by new development was
conducted, and said study set forth the relationship between new
development, the needed facilities, and the estimated costs of
those improvements. The study, entitled "Transportation Impact
of New Development", was prepared by the City of Anaheim, and is
dated October, 1992; and
WHEREAS, this study was 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:
A. The purpose of the Transportation Fee is to
finance transportation facilities to reduce the impacts of
traffic caused by new development, within the Anaheim area.
B. The Transportation fees collected pursuant to this
resolution shall be used to finance only the public facilities on
the Master Plan of Highways.
C. The study and analysis entitled "Transportation
Impact of New Development", a copy of which is available in the
office of the City Engineer, is approved and incorporated herein.
D. New development will generate additional vehicular
trips, and will contribute to the degradation of traffic
operations.
E. There is a need in the City of Anaheim for
transportation facilities which have not been constructed or have
been constructed, but new development has not contributed its
fair share towards these facility costs and said facilities have
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been called for in, or are consistent with, the circulation
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 public facilities and the impacts of 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, as these reasonable relationships
or nexus are in more detail described in the study referred to
above;
G. The cost estimates set forth in the
"Transportation Impact of New Development" study are reasonable
cost estimates for constructing facilities, and the fees expected
to be generated by new development will not exceed the total of
these costs.
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 17.32.040 of the Anaheim Municipal Code.
2. Imposition of Fee. A Transportation Fee shall be
charged upon issuance of any building permit and shall be paid
prior to building permit issuance or to the issuance of a
certificate of occupancy by all non-exempted new development.
3. Use of Fee. The Transportation Fee shall be
solely used to pay (1) for the described public facilities to be
constructed by the City (the "Master Plan of Highways Public
Facilities") attached hereto as Exhibit A, and incorporated
herein; or (2) for reimbursing the City for the development's
fair share of those capital improvements already constructed by
the City.
4. Fee Review. On or about March 15, 1994 and each
following year, the Public Works Department shall review the
estimated cost of the described capital improvements. The
continued need for those improvements and the reasonable
relationship between such need and the impacts of the various
types of development pending or anticipated and for which this
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fee is charged. The Public Works Department shall report its
findings to the City Council at a noticed public hearing and
recommend any adjustment to this fee or other action as may be
needed.
BE IT FURTHER RESOLVED as follows:
1. The fees set forth in the Transportation Fee
Schedule attached hereto as Exhibit B, and incorporated herein,
shall be, and are hereby, adopted.
2. The fees 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 may be
declared invalid.
THE FOREGOING RESOL~ION is approved and adopted ~ the
city Council of the City of Anaheim this 29th day of June, 1993.
City of Anaheim
~ ~~ CITY CL~R~
385.1\$MANN\May 28, 1993 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-148 was Introduced and adopted at a regular meeting provided by law, of the Anaheim 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 Anaheim signed said Resolution No. 93R-148 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. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Resolution No. 93R-t48 was duly passed and adopted by the City Council of the City of Anaheim on
June 29, 1993.
~L ~ ~,~ ~'(~-~'~
CITY CLERK OF TR-E CITY OF ANAHEIM
EXHIBITS-TO BE ATTACHED
EXHIBIT A-MASTER PLAN OF HIGHWAYS PUBLIC FACILITIES
EXHIBIT B--TRANSPORTATION FEE SCHEDULE
385.1\SMANN\May 28, 1993 4
EXHIBFF A
Anaheim General Plan
CIRCULATION ELEMENT
EXHIBIT B
TRANSPORTATION FEE SCHEDULE
NET FEE FEE /
LAND USE PER UNIT SFGFA
SINGLE FAMILY $590 N/A
APARTMENT $400 N/A
HOTEL/MOTEL $448 N/A
GENERAL OFFICE N/A $1.39
RETAIL N/A $1.68
~' INDUSTRIAL N/A $0.34
CHURCH N/A $0.96
HOSPITAL N/A $0.96
CHILD CARE-DRVBY N/A $2.76
SCHOOL N/A $0.57
PEAK HOUR TRIPEND $679