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On an annual basis, the City Council shall review the Transportation 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 Transportation 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 in right-of-way acquisition costs. (Ord. 5380 § 1 (part); June 29, 1993.)
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 square footage of the original structure shall be deducted from the square footage 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.
.070 Any structure or portion thereof devoted to affordable housing and subject to an affordable housing agreement.
.080 Any structure or portion thereof devoted to child care facilities provided as part of an employment center.
.090 Construction of public schools.
.110 Any structure or portion thereof within office development used for video conference facilities. (Ord. 5380 § 1 (part); June 29, 1993.)
If the Anaheim Redevelopment Agency finds that the development in question will provide substantial benefits to the welfare of the citizens of the City, the agency may (1) make a payment of the Traffic Fee in lieu of the owner or developer paying the fee; or (2) construct or cause to be constructed a Master Plan of Highways Public Facility in lieu of the owner or developer paying the fee or constructing the facility. (Ord. 5380 § 1 (part); June 29, 1993.)
The revenues raised by payment of the Transportation 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 Highways Public Facilities or to reimburse the City for such facilities constructed by the City with funds advanced by the City from other sources. (Ord. 5380 § 1 (part); June 29, 1993.)
.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 Highways Public Facility and when such construction is necessary to provide efficient and timely construction of the facilities network, 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 Traffic Transportation Manager and that engineering costs are limited to amounts specified in the Intermodal Surface Transportation Efficiency Act. If the amount of the fee established by the City Council is based upon a discounted percentage of the actual costs of mitigating the impacts.
.020 Duplicative Fees. Fees paid for participation in the Santa Ana Canyon Road Community Facilities District or for any other 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 road and improvement purposes for a Master Plan of Highways 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. If the amount of the fee established by the City Council is based upon a discounted percentage of the actual costs of mitigating the impacts of new development, the amount of credit available pursuant to this subsection shall be correspondingly discounted. (Ord. 5380 § 1 (part); June 29, 1993; Ord. 5440 § 1; August 9, 1994: Ord. 5674 § 7; 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, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee. (Ord. 5380 § 1 (part); June 29, 1993.)