Chapter 17.30 — DEVELOPMENT FEES - ANAHEIM STADIUM BUSINESS CENTER

It is the purpose of this chapter to promote the public health, safety, and general welfare by imposing and establishing a fee to provide for public improvements made necessary by proposed and anticipated high-intensity and high-density development in that area (hereinafter referred to as the Anaheim Stadium Business Center) bounded on the east by the Santa Ana River, on the south by the Anaheim city limits, on the west by the Santa Ana Freeway, and on the north by the Southern California Edison easement, which easement is generally located parallel to and north of Katella Avenue. (Ord. 4655 § 1 (part); December 10, 1985.)

There is hereby imposed on all owners or developers of buildings or structures within the Anaheim Stadium Business Center hereafter constructed, enlarged or modified in use wherein the proposed use is changed to a more intensive use, sewer impact fees. The City Council shall, by Council resolution, set forth the specific amount of the fees, describe 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." (Ord. 4655 § 1 (part); December 10, 1985: Ord. 4690 § 1; February 4, 1986; Ord. 5082 § 2 (part); December 12, 1989; Ord. 5674, March 16, 1999.)

The fee imposed by this chapter shall be due and payable:

• a. Prior to the issuance of any building permit by the City of Anaheim; or

• b. Prior to occupancy of the building or structure where no building permit is required from the City of Anaheim for the building or structure.

The Chief Building Official shall collect said fees. (Ord. 4655 § 1 (part); December 10, 1985; Ord. 5082 § 2 (part); December 12, 1989.)

The obligation imposed by this chapter shall be exonerated by payment of the fee to the City of Anaheim. (Ord. 4655 § 1 (part); December 10, 1985.)

The fee imposed by this chapter may be paid by payment in full at the time of issuance of the building permit or prior to occupancy of the building (if no building permit is required). (Ord. 4655 § 1 (part); December 10, 1985; Ord. 5674, March 16, 1999.)

On an annual basis, the City Council shall review the Sewer fees 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 fee established by this chapter in accordance with

the construction cost index for construction costs in the Los Angeles area published in the Engineering News-Record Construction Cost Index." (Ord. 4655 § 1 (part); December 10, 1985; Ord. 5674, March 16, 1999.)

This chapter shall not apply to:

.010 Any structure or any portion thereof devoted to parking of automobiles.

.020 Conversion of a building or structure to a similar or less intensive land use.

.030 Reconstruction of any building or structure destroyed by fire or other natural cause.

.040 Construction of any building or structure approved by the City of Anaheim under a Development Agreement entered into before the effective date of this Ordinance.

.050 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 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.

.060 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 sewer impact 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. (Ord. 4655 § 1 (part); December 10, 1985; Ord. 4970 § 1; November 8, 1988; Ord. 5137 § 1; June 12, 1990; Ord. 5674, March 16, 1999.)

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 transportation impacts of that development and either the amount of the 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 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 days after the filing of the fee adjustment application, whichever is later. The decision of the City Council shall be final. If a reduction, adjustment, or waiver is granted, subsequent intensification or change of the use shall render the waiver, adjustment or reduction of the fee null and void. (Ord. 5554 § 1; March 5, 1996.)

.010 Construction of Facility. Whenever an owner or developer is required, as a condition of approval of a development permit, to construct a sewer facility required by the Stadium Area Master Land Use Plan Supplement to the South Central Area Sewer Deficiency Study within the Anaheim Stadium Business 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

"Stadium Area Master Land Use Plan (West of State College Boulevard) Supplement to the South Central Area Sewer Deficiency Study, Second Revision, dated January, 1999.

.020 Duplicative Fees. Fees or payments which are determined by the City Engineer to be duplicative of the sanitary sewer 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 facility within the Anaheim Stadium Business Center, as such facility is set forth in the "Stadium Area Master Land Use Plan (West of State College Boulevard) Supplement to the South Central Area Sewer Deficiency Study, Second Revision, dated January, 1999," 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. (Ord. 5674, March 16, 1999.)

The City Attorney is hereby authorized and directed to initiate such legal proceedings as may be necessary to enforce the provisions of this chapter. (Ord. 4655 § 1 (part); December 10, 1985.)