5775ORDINANCE NO. 5775
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTIONS 17.08.250 AND 17.08.260 OF CHAPTER
17.08 OF TITLE 17 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO PARK DEVELOPMENT AND IN -LIEU
FEES
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1.
That Section 17.08.250 of Chapter 17.08 of Title 17 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"17.08.250 AMOUNT OF LAND TO BE DEDICATED AND DEVELOPMENT
FEE.
The amount of land required to be dedicated by a subdivider
pursuant to Sections 17.08.200 through 17.08.290 shall be:
010 Per single-family detached unit, 292.72 square feet.
020 Per single-family attached unit, 227.38 square feet.
030 Per two -to -four plex units, 295.34.
040 Per five or more units, 228.25 square feet.
050 Per mobilehome dwelling unit, 175.11 square feet.
The above -listed amounts of land shall be based on the
following formula:
Amount of land per dwelling unit =
(S) p
1,000
S = Park standard.
P = Population density per dwelling unit.
Values used for determining amounts of land per dwelling
unit:
S = 2.0 acres or 87,120 square feet per 1,000 population.
1
P = 3.36 persons/single-family detached unit.
P = 2.61 persons/single-family attached unit.
P = 3.99 persons/two-to-four plex units.
P = 2.62 persons/five or more units.
P = 2.01 persons/mobilehome dwelling unit.
In addition to the dedication of land, the City Council
annually shall establish the amount of fees to be paid to develop
the parks. The established fees shall not exceed an amount
determined in accordance with the following formula:
(D) SP
1,000
D = Development cost per acre.
S = Standard (master planned) acreage per dwelling unit.
P = Persons per dwelling unit.
Values used for determining the amount of the fees:
D = As established by resolution and updated annually,
according to cost inflation measured by the
Construction Price Index.
S = 2.0 acres per 1,000 population.
P = 3.36 persons/single-family detached unit.
P = 2.61 persons/single-family attached unit.
P = 3.39 persons/two-to-four plex units.
P = 2.62 persons/five or more units.
P = 2.01 persons/mobilehome dwelling units.
In applying the formula above, no credit shall be allowed
for private open space in the subdivision."
SECTION 2.
That Section 17.08.260 of Chapter 17.08 of Title 17 of
the Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"17.08.260 AMOUNT OF FEE IN LIEU OF LAND DEDICATION AND
DEVELOPMENT FEE.
Where a fee is required to be paid in lieu of land
dedication and a development fee, the amount of such fee shall be
established annually by the City Council by resolution. The
amount of such fee shall not exceed an amount determined in
accordance with the following formula:
E
(L+D)SP
1,000
L = Land (average acquisition cost per acre) updated
annually based upon a yearly opinion of value by the
City Engineer's Office.
D = Development cost per acre, updated annually by the
Construction Price Index.
S - Standard (master planned) acreage per dwelling unit.
P - Persons per dwelling unit.
Values used for determining recommended in -lieu fees:
L = As established by annual resolution.
D = As established by annual resolution.
S = 2.0 acres per 1,000 population.
P = 3.36 persons/single-family detached unit.
P = 2.61 persons/single-family attached unit.
P = 3.39 persons/two-to-four plex units.
P = 2.62 persons/five or more units.
P = 2.01 persons/mobilehome dwelling units."
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, subsection, paragraph, sentence, clause
or word of this ordinance be declared invalid for any reason, it
is the intent of the City Council that it would have adopted all
other portions of this ordinance independent of the elimination
herefrom of any such portion as may be declared invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal,
amendment or suspension of any other ordinance of this City which
results from the adoption of this ordinance, shall in any manner
affect the prosecution for violations of ordinances which
violations were committed prior to the effective date hereof, nor
be construed as a waiver of any license, fee or penalty due
thereunder or the penal provisions applicable to any violation
thereof. The provisions of this ordinance, insofar as they are
substantially the same as ordinance provisions previously adopted
by the City relating to the same subject matter, shall be
construed as restatements and continuations and not as new
enactments.
3
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 24th day of July
2001.
ATTEST:
CITY CLERIf OF THE CITY OF ANAHEIM
40738.1
n
MAMR OF THE CITY O• ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5775 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 10th day of July, 2001, and that the same was duly passed and adopted at
a regular meeting of said City Council held on the 24th day of July, 2001, by the following vote of
the members thereof:
AYES:
MAYOR/COUNCIL MEMBERS:
Feldhaus, Kring, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS:
None
ABSENT:
MAYOR/COUNCIL MEMBERS:
None
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ITY CLERI OF THE CITY OF ANAHEIM
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Santa Ana, (A 92701
(714)446-'7000 ext. 3002.
PROOF OF PUBLICATION
Phis space a for the County Clerk's 1-111ng Stamp
Proof oC Publication of
SUMMATION
ARY O AKA"KW
OR0INANOE 8778
AN 01111MANOE OF THE CIfTY 00UN0IL OF THE
CITY OF ANAIINEW AMEMINNO 9801WHIS
17.08.300 ANO tTA0.3*0 OF 1TA0 OF T11 -
TLE 17 OF THE ANAMM NU PAL OWN ME -
LATINO TO PARK OEYELOPMENT AND 1111" U
FEU
Section 66477 of the Government Code authorizes cities to
require property developers to dedicate park land and pay
for park improvements in amounts necessary to accommo-
date the public need for such facilities, which results from
such development. The statute authorizes cities to adopt or
dinances setting the amount of the required land dedication
and/or fees in accordance with an established formula.
The City of Anaheim's current ordinance provides that the
amount of fees must be annually adjusted in accordance
with the formula specified in the two Code sections.
The purpose of the adjustment is to reflect increases in
property and development costs to assure that the fees gem
orate sufficient revenues to offset the actual acqulettlon and
construction costs.
Ordinance No. 5775 provides that the Council shall annually
set the park fees in amounts not to exceed the actual ac-
quisition and construction costs as determined by the estab-
lished formula.
I, Sheryll Schroeder, City Clark of the City of Anaheim, do
hereby certify that the foregoing is a summary of Ordinance
No. 5775, which ordinance was introduced at a regular
meeting of the City Council of the City of Anaheim on the
10th day of July, 2001 and was duly passed and adopted at
a regular meeting of said Council on the 24th day of July,
2001 by the following roll call vote of the members thereof:
AYES: Mayor Daly, Council Members: Feldhaus, Kring,
McCracken, Taft
NOES: None -
ABSENT: None
The above summary is a brief description of the sub' ecI mat
ter contained in the text of Ordinance No: 5775 which has
beenprepered pursuant to Section 512 of the Charter of the
City of Anaheim. This summary does not include or de-
scnbe every provision of the ordinance and should not be
relied upon as a substitute for the full text of the ordinance.
To obtain a copy of the full text of the ordinance, please con
tact the Office of the City Clerk, (714) 785-5166, between
8:00 AM and 5:00 PM, Monday through Friday. There is no
charge for the copy.
Published: Anaheim Bulletin
Auqust 2, 20M 25-988 4748370