Chapter 14.58 — TRAFFIC SIGNAL FEES

The City Council finds and determines that there exist within the City of Anaheim, principally in the area of new construction, traffic problems beyond the financial ability of the City to control. It is, therefore, necessary in order to promote the public health, safety, and welfare, that the City Council establish a traffic signal fee to be applied to new development in the City of Anaheim. (Ord. 3896 § 1 (part); August 8, 1978.)

If the Anaheim Redevelopment Agency finds that a project in a redevelopment project area will provide substantial benefits to the redevelopment project area in which the project is located, the Agency may (1) make a payment of the traffic signal fee in lieu of the owner or developer paying the fee, or (2) construct or cause to be constructed new or modified traffic signals in the redevelopment area in lieu of the owner or developer paying the fee. (Ord. 3896 § 1 (part); August 8, 1978: Ord. 5448 § 1; September 20, 1994.)

The City Council shall, by resolution, from time to time designate the amount of fees necessary to be collected by the Building Division as a condition to the issuance of a building permit for each: (1) new dwelling unit, (2) commercial building, and (3) industrial building. (Ord. 3896 § 1 (part); August 8, 1978.)

The City Council directs that all funds collected pursuant to this chapter, shall be deposited in a special account and used to provide new traffic signals and/or modify existing traffic signals throughout the City as determined by established methods or

prioritizing by the City Engineering Division.

The City Council, by resolution, authorizes the transfer of a portion or all of the special fund to any other fund that the Council shall determine is necessary for the public health, safety, and welfare of the citizens of the City of Anaheim. (Ord. 3896 § 1 (part); August 8, 1978.)

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 of the use shall invalidate the waiver, adjustment or reduction of the fee. (Ord. 5448 § 2; September 20, 1994.)