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95-061 RESOLUTION NO. 95R-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING A STORM DRAIN IMPACT AND IMPROVEMENT FEE FOR THE SOUTH CENTRAL CITY AREA OF THE CITY OF ANAHEIM. WHEREAS, the City Council of the City of Anaheim did hold a public hearing to consider imposition of a Storm Drain Impact and Improvement Fee ("Storm Drain Fee"), a notice of which hearing was given in the manner required by law; and WHEREAS, the City Council has added Chapter 10.14 to Title 10 of the Anaheim Municipal Code creating and establishing the authority for imposing and charging a Storm Drain Impact and Improvement Fee within the South Central City Area; and WHEREAS, the South Central City Area is as specifically shown in the Master Plan of Drainage and is relatively bounded on the north by Lincoln Avenue, on the south by Chapman Avenue, on the west by Euclid Street and on the east by State College Boulevard; and WHEREAS, an analysis of the need for storm drains is set forth in the "Master Plan of Drainage for the South Central Area", "The Anaheim Resort Specific Plan No. 92-2", and the "Sanitary Sewer and Storm Drain Financial Implementation Plan for the South Central city Area" dated August 1994 ("Financial Implementation Plan"), hereinafter collectively referred to as "Studies." The Financial Implementation Plan analyzed the need for new and expanded storm drain facilities and improvements required for new and expanded developments in the South Central City Area of Anaheim and set forth the relationship between new development, expansion of existing development, the needed facilities, and the estimated costs of 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: A. The purpose of establishing a Storm Drain Fee is to finance storm drain facilities to reduce the impacts on the storm drain system caused by new development and expansion of and additions to existing developments within the South Central City Area. B. The Storm Drain fees collected pursuant to this resolution shall be used to finance only the storm drain facilities shown on the Master Plan of Drainage for the South Central City Area, the Financial Implementation Plan and the Anaheim Resort Specific Plan. C. The study and analysis entitled "Sanitary Sewer and Storm Drain Financial Implementation Plan for the South Central City Area", the "Master Plan of Drainage for the South Central Area," and "The Anaheim Resort Specific Plan", copies of which are available in the office of the City Engineer, are approved and incorporated herein by reference. D. Development will generate additional storm drainage flow and will contribute to the flood and storm drainage deficiencies in the South Central City Area. E. There is a need in the City of Anaheim for expanding the capacity for the storm drain system and for new and expanded construction to contribute its fair share towards these facility costs. Said storm drain facilities have been called for in, or are consistent with, the Master Plan of Drainage for the South Central City Area, the Financial Implementation Plan for the South Central City Area and Section 4.0 of the Anaheim Resort Specific Plan. F. The facts and evidence presented establish that there is a reasonable relationship between the need for the described storm drain facilities and the impacts of the types of development described in paragraph three (3) below, for which the corresponding Storm Drain 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 storm drain facilities provide flood protection and accommodate additional storm drainage flow generated by development, as these reasonable relationships or nexus are described in more detail in the studies referred to above. G. The cost estimates set forth in the "Sanitary Sewer and Storm Drain Financial Implementation Plan for the South Central city Area" study are reasonable cost estimates for constructing and expanding storm drain facilities in the South Central 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, construction of commercial, industrial or other non-residential buildings or structures, and/or additions or expansions to existing buildings or structures. (b) "Exempted Development" shall mean development exempted by Section 10.14.040 of the Anaheim Municipal Code. (c) "Net Acreage" shall mean private land only. It does not include public street right-of-way, public utility easements, etc., and is approximately 20 percent less than the gross acreage. 2. Imposition of Fee. A storm drain fee shall be charged and paid upon issuance of any building permit, except as otherwise provided by Section 66007 of the Government Code. 3. Use of SCCA Storm Drain Fee. The Storm Drain Fee shall be solely used to pay (1) for the described storm drain facilities in the South Central City Area as set forth in the study entitled "Sanitary Sewer and Storm Drain Financial Implementation Plan for the South Central City Area" and in the "Master Plan of Drainage for the South Central City Area" previously incorporated hereinabove by reference; or (2) for reimbursing the City for a development's fair share of those storm drain improvements within the South Central City Area constructed by the City after the effective date of this Resolution. 4. Fee Review. On or about March 15, 1996 and each following year, the Public Works Department shall review the estimated cost of the described storm drain 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 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 Storm Drain Fee Schedule attached hereto as Exhibit "A" 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 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 RESOLUTION is approved by adopted by the City Council of the City of Anaheim this 18th day April 1995. ~YOR~F THE CITY OF ANAM~~~EI ATTEST; CITY CLERK OF THE CITY OF ANAHEIM 9255.1\CF£YNN\Januar¥ 24, 19(25 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. 95R-61 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 18th day of April, 1995, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Tait, Zemel, Feldhaus, Daly NOES: MAYOR/COUNCIL: Lopez ABSENT: MAYOR/COUNCIL: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-61 on the 18th day of April, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 18th day of April, 1995. 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. 95R-61 was duly passed and adopted by the City Council of the City of Anaheim on April 18, 1995. EXHIBIT "A" STORM DRAIN FEE SCHEDULE FOR SOUTH CENTRAL CITY AREA SINGLE FAMILY $11,000 per net acre MULTIPLE FAMILY RESIDENTIAL $14,000 per net acre MOBILE HOME RESIDENTIAL $16,000 per net acre HOTEL/MOTEL, COMMERCIAL/ RECREATIONAL AND INDUSTRIAL $20,000 per net acre 9255.1\CFlYNN\Januar¥ 24, 1995