.010 Statement of Purpose. In order to implement the goals and objectives of the most recent City Council adopted, “West Anaheim Master Plan of Sanitary Sewers,” and the most recent City Council adopted, “West Anaheim Sanitary Sewer Financial Implementation Plan,” and to mitigate the deficiency in the sewer system caused by new development and/or by additions and expansions to existing development within the West City Area (WCA) of the City of Anaheim, the City Council has determined that a sewer impact fee is needed to finance these sewer improvements and to pay for new developments and expansions and additions to existing developments. The West City Area is as specifically shown in the “West Anaheim Master Plan of Sanitary Sewers” and is bounded on the north by the City Limits, on the south by the City Limits, on the west by the City Limits, and on the east by Euclid Street.
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 sewer needs as established in the “West Anaheim Master Plan of Sanitary Sewers” for the West City Area.
.020 Anaheim Sewer Impact Fee for the West City Area. A sewer impact and improvement fee is hereby established for various customer classes, as described in the “West Anaheim Sanitary Sewer Financial Implementation Plan”, which fee shall be applicable to all new development and for expansions and additions to existing developments in the West City Area (“Sewer 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 this 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 sewer fee shall be paid by each owner or developer prior to issuance of a building permit.
.030 Review and Adjustment of Fee. On an annual basis, the City Council shall review the sewer 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 sewer 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-Record's Construction Cost Index and (2) the estimated changes reflecting amendments or revisions to the “West Anaheim Master Plan of Sanitary Sewers”.
.040 Exemptions. 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 units and/or floor area of the original structure shall be deducted from the units and/or floor area of 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 units and/or floor area of the existing structure shall be deducted from the units and/or floor area of the total structure.
.050 City of Anaheim Payment of Sewer Fees. If the City of Anaheim finds that the development in question will provide substantial benefits to the welfare of the citizens of the City, the City may (1) make a payment of the sewer fee in lieu of the owner or developer paying the fee; or (2) construct or cause to be constructed a Sewer Deficiency Public Facility as a credit against such fees when such facility is required as a condition of approval of the development permits.
.060 Limited Use of Fees. The revenue raised by payment of the sewer fee shall be placed in a separate and special account, and such revenue, along with any interest earnings on that account, shall be used solely to pay for the City’s future construction of facilities under the “West Anaheim Master Plan of Sanitary Sewers” or to reimburse the City for such facilities constructed by the City with funds advanced by the City from other sources.
.070 Credits.
.010 Construction of Sewer Deficiency Public Facility. Whenever an owner or developer is required, as a condition of approval of a development permit, to construct a public facility identified as required in the “West Anaheim Master Plan of Sanitary Sewers” (“Sewer Deficiency Public Facility”) within the West 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 “West Anaheim Master Plan of Sanitary Sewers” and the “West Anaheim Sanitary Sewer Financial Implementation Plan” for the West 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 sewer improvement purposes for a Sewer Deficiency Public Facility 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.
.080 Sewer Fee Adjustments. 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 sewer impacts of that development and either the amount of the sewer 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.
.090 Enforcement. The City Attorney is hereby authorized and directed to initiate such legal proceedings as may be necessary to enforce the provisions of this chapter.
.100 Effective Date. The fee authorized by this chapter shall apply to the issuance of any building permit for any residential development issued sixty days following this ordinance’s passage. (Ord. 6519 § 4; December 11, 2021.)