6070ORDINANCE NO. 6070
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING SECTION 10. 12.085 OF CHAPTER
10.12 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE
ADDING AND AMENDING SEWER IMPACT AND
IMPROVEMENT FEES FOR NEW AND EXPANDED
DEVELOPMENT IN THE COMBINED CENTRAL ANAHEIM
AREA
WHEREAS, in order to implement the goals and objectives of the "South Central Area
Sewer Deficiency Study" for the South Central City Area dated January 1993, adopted in May of
1993, updated in February 1994 and adopted in March of 1994, Section 4 of "The Anaheim Resort
Specific Plan" adopted September 1994, and the "Sanitary Sewer and Storm Drain Financial
Implementation Plan for the South Central City Area" dated August 1994, and to mitigate the
deficiency in the sewer system caused by new development and/or by additions and expansions to
existing development within the South Central City Area of the City of Anaheim, the City Council
previously added Section 10. 12.085 to the Anaheim Municipal Code providing a sewer impact fee
to finance these sewer improvements and to pay for new developments and expansions and additions
to existing developments in the South Central City Area; and
WHEREAS, the South Central City Area is relatively bounded on the north by South Street,
on the south by Chapman Avenue, on the west by Euclid Street, and on the east by Sunkist Avenue;
and
WHEREAS, the City has recently completed the Combined Central Anaheim Area Master
Plan of Sanitary Sewers (CCAAMPSS) recommending build -out condition sewer system
improvements or needs for the those areas within the Central Anaheim Area located generally east
of Euclid , west of the Santa Ana River, between the northerly and southerly limits of the City of
Anaheim, but excluding therefrom the Platinum Triangle located in the southeast section of the
Combined Central Anaheim Area; and
WHEREAS, the City Council wishes to amend the Anaheim Municipal Code to establish the
sewer impact fee for the Combined Central Anaheim Area which incorporates the South Central City
Area, and excludes the Platinum Triangle.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
That Section 10. 12.085 of Chapter 10.12 of Title 10 of the Anaheim Municipal Code be, and
the same is hereby, amended in its entirety to read as follows:
"Section 10.12.085 SEWER IMPACT AND IMPROVEMENT FEE
(COMBINED CENTRAL ANAHEIM AREA)
11.010 STATEMENT OF PURPOSE
In order to implement the goals and objectives of the "Combined Central Anaheim Area
Master Plan of Sanitary Sewers" dated September 2006 and adopted in December of
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2006 by Resolution No. 2006-225, and the "Combined Central Anaheim Area Sanitary
Sewer Financial Implementation Plan" dated May 2007, and to mitigate the deficiency
in the sewer system caused by new development and/or by additions and expansions to
existing development within the Combined Central Anaheim Area (CCAA) 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 Combined Central City Area is as specifically
shown in the "Combined Central Anaheim Area Master Plan of Sanitary Sewers" and
generally consists of those areas within the City of Anaheim east of Euclid Street and
west of the Santa Ana River from the northerly City limits to the southerly City limits,
but excluding the Platinum Triangle located at the southeast portion of the Combined
Central Anaheim Area..
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 Central Anaheim Area Master Plan of Sanitary Sewers"
for the Central City Area.
".020 ANAHEIM SEWER IMPACT FEE FOR THE COMBINED CENTRAL
CITY AREA
A Sewer Impact and Improvement fee is hereby established for various customer classes
and financial impact zones, as described in the "Combined Central Anaheim Area
Sanitary Sewer Financial Implementation Plan" dated May 2007, which fee shall be
applicable to all new development and for expansions and additions to existing
developments in the Combined Central 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 Central
Anaheim Area Master Plan of Sanitary Sewers."
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".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, provided, however, that if each reconstruction results in the
enlargement or expansion of any such building or structure, the applicable fee
shall be calculated as provided in paragraph .040 below.
.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 finds 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, in
addition to the other 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 Central 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.
".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
Central Anaheim Area Master Plan of Sanitary Sewers" ("Sewer Deficiency
Public Facility") within the Combined Central 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
Central Anaheim Area Master Plan of Sanitary Sewers" and the "Combined
Central Anaheim Area Sanitary Sewer Financial Implementation Plan" for
the Central 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,
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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 become effective sixty (60) days following the
adoption of this ordinance and shall apply to the issuance of any building permit for any
residential development issued on or after such date."
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.
5
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 7tb- day of August , 2007, and thereafter passed
and adopted at a regular meeting of said City Council held on the 21-stday of August , 2007,
by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITYAHEIM
By dZG�
MAYOR OF THE WfY I
ANAHEIM
ATTEST:
CITY LE K OF THE CV17ANAHEIM
65481.1
1�
AFFIDAVIT OF PUBLICA'
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:
August 30, 2007
"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: August 30, 2007
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6070
(Combined Central Anaheim Area Sanitary Sewer Fee)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING SECTION 10.12.085 OF CHAPTER
110.12 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE
ADDING AND AMENDING SEWER IMPACT AND IMPROVE-
MENT FEES FOR NEW AND EXPANDED DEVELOPMENT
IN THE COMBINED CENTRAL ANAHEIM AREA
This Ordinance amends Section 10.12.085 of Chapter
10.12 of Title 10 of the Anaheim Municipal Code to establish
a Sewer Impact and Improvement fee for various customer
classes and financial impact zones, as described in the
"Combined Central Anaheim Area Sanitary Sewer Financial
Implementation Plan" dated May 2007 whichfeeshall be
sions and
additionsle to to existing developmen development
in theoCombmed Central
City Area, and shall be pard by each owner or developer
pnor to issuance of a building permit ("Sewer Fee"). The
Combined Central City Area is as specifically shown in the
"Combined Central Anaheim area Master Plan of Sanitary
Sewers' and generally consists, of those areas within the
City of Anaheim east of Euclid Street and west of the Santa
Ana River from the northerly City limits to the southerly City
limits, but excluding the Platinum Triangle located at the
southeast portion of the Combined Central Anaheim Area.
This Ordinance further provides that the City Council shall,
by resolution, set forth the specific amount of the fee, de-
scnbe the benefit and impact: area on which the develop-
ment fee is imposed, list the specific public improvements
to be financed, describe the estimated cost of tliyy facili-
ties, describe the reasonable relationship betwe is fee
and the various types of new developments and set forth
time for payment.
This Ordinance also provides for annual review by the
City Council of the Sewer Fee, adjustment of the amount of
the Sewer Fee in accordance with the construction cost in-
dex for the Los Angeles area and the estimated charges re -
fleeting amendment or revision to the "Combined Central
Anaheim Area Master Plan of Sanitary Sewers." This Ordi-
nance lists exemptions to the Sewer Fee; provides circum-
stances where the City or the Redevelopment Agency may
elect to pay the Sewer Fee"; requires that the revenue
raisedby payment of the Sewer Fee be placed in a sepa-
rate and special account to be used solely to pay for the
City's future construction of facilities under the Combined
Central 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; lists
circumstances for credits, against the Sewer Fee as well as
provisions for applications to reduce waive or adjust the
Sewer Fee.
Sewer Fees established in accordance with this ordi-
nance shall become effective sixty (60) days from and after
the date of the Sewer Fees' adoption by the City Council.
THE FOREGOING ORDINANCE was introducsd at a
regular meeting of the City Council of the City of Ahaheim
held on the 7th day of August, 2007, and thereafter passed
and adopted at a regular meeting of said City Council held
on the 21st day of August, 2007, by the following roll call
vote:
AYES: Mayor Pringle, Council Members Hernandez,
Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
The above summary is a brief description of the subject
matter contained in the text of
Ordinance No. 6070, which has been prepared pursuant to
Section 512 of the Charter of the City of Anaheim. This sum-
mary does not include or describe every provision of the or-
dinance and should not be relied on as a substitute for the
full text of the ordinance.
To obtain a copy of the full text of the ordinance, please
contact the Office of the City Clerk, (714) 765-5166, between
8:00 AM and 5:00 PM, Monday through Friday. There is no
charge
for the copy.
Anaheim Bulletin / 25 700PNONgWP-.—