95-060 RESOLUTION NO. 95R-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING RESOLUTION NO. 63-R-1 BY
ADDING A SEWER IMPACT AND IMPROVEMENT FEE FOR
THE SOUTH CENTRAL AREA OF THE CITY OF
ANAHEIM.
WHEREAS, Title 10, Chapter 10.12, Section 10.12.070 of
the Anaheim Municipal Code authorizes the City Council of the
City of Anaheim to establish from time to time, by resolution,
the charges to be made for any and all disposal connections with
the Public Sewerage System in areas annexed to, or otherwise
having become a part of the City of Anaheim from and after the
1st day of March, 1938; and
WHEREAS, a City-wide sewer service fee is currently in
effect for all areas of the City; and
WHEREAS, in order to implement the goals and objectives
of the "South Central Area Sewer Deficiency Study" for the South
Central City Area of the city of Anaheim, dated January 1993,
adopted in May of 1993, updated in February 1994 and adopted in
March of 1994 by Resolution No. 94R-37, and the goals and
objectives of Section 4 of "The Anaheim Resort Specific Plan"
adopted in September of 1994 and the "Sanitary Sewer and Storm
Drain Financial Implementation Plan for the South Central City
Area" dated August of 1994, (hereinafter referred to collectively
as "Studies") and to mitigate deficiencies in the sewer system
caused by new development and/or by additions and expansions to
existing development within the South Central City Area, the City
Council has determined that additional sewer impact fees are
needed to finance sewer improvements for new and/or expanded
developments in the South Central City Area; and
WHEREAS, the South Central City Area is as specifically
shown in the Sewer Deficiency Study and 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 Council of the City of Anaheim did
hold a public hearing to consider imposing an additional sewer
impact and improvement fee for the South Central City Area, (SCCA
Sewer Fee) notice of which hearing was given in the manner
required by law; and
WHEREAS, an analysis of the need for sewer improvements
and for new and expanded sewer facilities and improvements for
new and expanded developments in the South Central City Area is
set forth in the Studies referred to hereinabove; and
WHEREAS, said Studies list the specific improvements in
the South Central City Area to be financed, describe the
estimated costs of said improvements, set forth the relationship
between new development, the expansion of existing development
and the needed facilities, and provide estimates of costs for
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 adding the SCCA Sewer Fee is to
finance sewer facilities to reduce the impacts on the sewer
system caused by new development and expansion of existing
development within the South Central City Area.
B. The additional SCCA Sewer Fees collected pursuant
to this resolution shall be used to finance only the sewer
facilities shown in the South Central Area Sewer Deficiency Study
for the South Central City Area, the Sanitary Sewer and Storm
Drain Financial Implementation Plan for the South Central Area,
or the Anaheim Resort Specific Plan.
C. The Studies, copies of which are available in the
office of the City Engineer, are approved and incorporated
herein.
D. Development will generate additional sewer flow
and will contribute to existing sewer deficiencies within the
South Central City Area.
E. There is a need in the City of Anaheim for
expanding the capacity for the sewer system and for new and
expanded construction to contribute its fair share towards these
facility costs. Said sewer facilities have been called for in,
or are consistent with, the Land Use 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 sewer facilities in the South Central City Area and the
impacts on the sewer facilities by 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 in that these sewer facilities
accommodate the additional sewerage flow generated by such
development. The reasonable relationships or nexus are described
2
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 facilities, and expanding 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, 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 ~0.1Z.085.040 of the Anaheim Municipal Code.
2. Continuation of Existinq City-Wide Charges.
(a) For all areas annexed to or otherwise having
become a part of the City of Anaheim and other areas requesting
sanitary sewer services from and after the 1st day of March,
1938, the charge for disposal connections with the Public
Sewerage System shall be at the rate of $350.00 per acre; and for
parcels of less than one (1) acre there shall be a minimum charge
of $250.00 per connection.
(b) The City-wide charges herein provided for are made
solely for the privilege of disposing of sewage into the Public
Sewerage System, neither labor nor materials being provided for
herein. Further, if the City elects to, or has already installed
a house connection, the actual cost thereof shall be added to the
applicable charge provided for herein.
3. South Central City Area Fee
(a) In addition to the sewer fee set forth in
subsection 2 above, an additional sewer impact and development
fee shall be charged for new and expanded development within the
South Central City Area, (SCCA Sewer Fee) at the rates shown on
the SCCA Sewer Fee Schedule, attached hereto as Exhibit "A" and
incorporated herein by reference which fee shall be paid upon
issuance of any building permit, except as otherwise provided by
Section 66007 of the Government Code.
(b) The SCCA Sewer Fee shall be solely used to pay (1)
for the described public facilities to be constructed in the
South Central City Area as set forth in the "Sanitary Sewer and
Storm Drain Financial Implementation Plan for the South Central
City Area, previously approved and incorporated herein by the
City Council, a copy of which is on file in the Office of the
City Clerk, and in the "South Central Area Sewer Deficiency Study
for the South Central Area", previously adopted by Resolution of
the City Council and currently on file in the Office of the City
Clerk, and incorporated herein by reference; or (2) for
reimbursing the City for the development's fair share of those
sewer facilities 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 sewer 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 the sewer fees
are charged. The Public Works Department shall report its
findings to the City Council at a noticed public hearing and
recommend any adjustment to these sewer fees or other action as
may be needed.
BE IT FURTHER RESOLVED as follows:
1. The additional fees for the South Central City
Area, set forth in the SCCA Sewer Fee Schedule attached hereto as
Exhibit "A", and incorporated herein, shall be, and are hereby,
adopted.
2. The additional fees for the South Central City
Area 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 RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 18th day of April, 1995.
CITY CLERK OF T~E OF ANAHEIM
9310.1\CFLYNN\January 24, 1995 5
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-60 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 18th day of Apr#, 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~o0 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-60 was duly passed and adopted by the City Council of the City of Anaheim on
April 18, 1995.
CITY CLERK OF THE CITY OF ANAHEIM
EXHIBIT "A"
SCCA SEWER FEE SCHEDULE
Single Family Residential $ 800.00 per unit
Multiple Family Residential $ 900.00 per unit
Mobile Home Residential $ 500.00 per unit
Hotel/Motel $ 400.00 per unit
Commercial/Recreational $ 160.00 per 1000
square feet
Industrial $ 250.00 per 1000
square feet
9310.1\CFkYNN\Januar¥ 24, 1995 6