Chapter 10.14 — STORM DRAIN IMPACT AND IMPROVEMENT

FEE

Sections:

10.14.010 Statement of purpose.

10.14.020 Anaheim storm drain impact fee for South Central City Area.

10.14.030 Review and adjustment of fee.

10.14.040 Exemptions.

10.14.050 Agency payment of storm drain fees.

10.14.060 Limited use of fees.

10.14.070 Credits.

10.14.080 Fee adjustments.

10.14.090 Enforcement.

10.14.100 Effective date.

In order to implement the goals and objectives of the "Master Plan of Drainage for the South Central Area", dated February, 1993 and adopted May, 1993 and updated and adopted in September, 1994, and of Section 4 of "The Anaheim Resort Specific Plan" adopted September 1994, the City of Anaheim General Plan adopted on July 3, 1984, and the "Sanitary Sewer and Storm Drain Financial Implementation Plan for the South Central City Area" dated August, 1994, and to mitigate the flooding and storm drainage impacts 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 has determined that a storm drain impact fee is needed to finance storm drain improvements and to pay for new developments and expansions and additions to existing developments. 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.

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 storm drain needs in the South Central City Area as established in the Master Plan of Drainage for the South Central City Area and within "The Anaheim Resort Specific Plan No. 92-2." (Ord. 5491 § 1 (part); April 18, 1995.)

A storm drain impact and improvement fee is hereby established for various customer classes applicable to all new development in the South Central City Area and for expansions of and additions to existing developments ("storm drain 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 the storm drain 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 storm drain fee shall be collected at the time of issuance of building permits. (Ord. 5491 § 1 (part); April 18, 1995.)

On an annual basis, the City Council shall review the storm drain 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 storm drain 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-Records Construction Cost Index, and (2) the estimated changes reflecting amendments or revisions to the Master Plan of Drainage for the South Central City Area. (Ord. 5491 § 1 (part); April 18, 1995.)

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.

.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 days immediately preceding commencement of such construction. For purposes of calculating the fee payable pursuant to this chapter, the area affected by the original structure shall be deducted from the area affected by 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 area affected by the existing structure shall be deducted from the area affected by the total structure. (Ord. 5491 § 1 (part); April 18, 1995.)

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 project area in which the project is located which outweigh the proposed economic incentives, the Agency may, as a portion of the economic incentives to be provided to the business, (1) make a payment of the storm drain fee in lieu of the owner or developer paying the fee, or (2) construct or cause to be constructed a Master Plan of Drainage Public Facility for the South Central City Area in lieu of the owner or developer paying the fee or constructing the facility. (Ord. 5491 § 1 (part); April 18, 1995: Ord. 5494 § 1; May 2, 1995.)

The revenues raised by payment of the storm drain fee shall be placed in a separate and special account, and such revenues, along with any interest earnings on that account, shall be used solely to pay for the City's future construction of Master Plan of Drainage Facilities within the South Central City Area or to reimburse the City for such facilities constructed by the City with funds advanced by the City from other sources. (Ord. 5491 § 1 (part); April 18, 1995.)

.010 Construction of Facility. Whenever an owner or developer is required, as a condition of approval of a development permit, to construct a Master Plan of Drainage Public Facility within the South 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 "Master Plan of Drainage for the South Central Area" and the "Sanitary Sewer and Storm Drain Financial Implementation Plan for the South 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 storm drain improvement purposes for a Master Plan of Drainage Public Facility within the South Central City Area 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. 5491 § 1 (part); April 18, 1995.)

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 storm drain impacts of that development and either the amount of the storm drain 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 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. (Ord. 5491 § 1 (part); April 18, 1995.)

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. 5491 § 1 (part); April 18, 1995.)

The fee authorized by this chapter shall apply to the issuance of any building permit for any development issued sixty days

following this ordinance's passage. (Ord. 5491 § 1 (part); April 18, 1995.)