5282ORDINANCE NO. 5282
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SECTION 18.04.080 OF CHAPTER 18.04
OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE TO
PROVIDE FOR THE DEDICATION AND IMPROVEMENT OF
TRAILS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
FOLLOWS:
SECTION 1.
That Subsections .005, .010, and .020 of Section
18.04.080 of Chapter 18.04 of the Anaheim Municipal Code be, and
the same are hereby, amended to read as follows:
" .005 Street and Other Right -of -Way Dedication and
Improvement Required. Anticipating that changes will occur
in the local neighborhoods and the City generally, as a
result of noise as well as activities associated with the
City's development and growth, the following dedications and
improvements are deemed to be necessary to prevent
congestion and other hazards that are related to the
intensified use of the land and to preserve the public
health, safety and general welfare. These requirements
shall be met or complied with before any building permits
are issued for development of the property except as
otherwise specifically set forth herein:
.010 Dedications of Right -of -Way.
The right-of-way for all streets, highways, sewers, storm
drains, alleys and trails which abut or cross the subject
property shall be dedicated to the full width required by
the City Engineer in accordance with the City of Anaheim
standard plans as adopted; provided, however, that no
dedication shall be required to widen a major or primary
street to the additional width required to meet the Critical
Intersections standard. The provisions of the preceding
sentence shall not affect or modify any setbacks otherwise
required by this Code. It is the intention of this section
that required setbacks be measured from the ultimate right-
of-way shown on the general plan, including the Critical
Intersection standard applicable to the property.
.020 Improvement of Right -of -Way.
Prior to issuance of occupancy permits, all street, highway,
sewer, storm drain, street light, CATV, alley and trail
improvements shall have been installed, removed and
reconstructed, and/or be in good repair, or improvement
plans shall be required to be prepared to City of Anaheim
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reconstructed, and/or be in good repair, or improvement
plans shall be required to be prepared to City of Anaheim
standards and such improvements constructed, removed and
reconstructed at their ultimate locations, or repaired. A
faithful performance bond in a form approved by the City
Attorney and in an amount to be determined by the City
Engineer shall be posted to guarantee the construction of
the required improvements.
When the City Engineer has determined in the
interest of public health, safety and general welfare that
some or all of the improvements required by the preceding
paragraph should be delayed until a future date, the
obligations imposed by the preceding paragraph may be
fulfilled in any of the following ways:
a. Where the future date is known, a faithful
performance bond in the form approved by the City of Anaheim
and in an amount to be determined by the City Engineer shall
be posted to guarantee construction at a future date; or
b. Where the future date is undetermined, a sum
of money in an amount determined by the City Engineer to be
sufficient to pay for the required improvements shall be
paid to the City of Anaheim. Such payment shall constitute
compliance with the obligations imposed by this Subsection
.020 and shall exonerate the property from the obligations
imposed by this Subsection .020.
Nothing herein shall be construed to relieve
any property of any obligation to comply with any
requirements imposed as a condition of future permits.
Any money received by the City of Anaheim
pursuant to subparagraph b shall be placed in a special fund
to be used solely for the improvement of rights of way
including, but not limited to, improvements to the property
for which the money was paid."
SECTION 2.
SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
hereby of any other ordinance of this City 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 or penalty 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.
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SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance, hereby adopted, be declared for any reason to be
invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 14th day of
January 1 1992.
MAYOR OF THE CITY IM
ATTEST:
G�c,�a►-.e--t�
CITY CLERK OF THE CITY OF ANAHEIM
EME:lm
I:\DOCS\ORDRES\042TRAIL.14 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance No. 5282 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 7th day of January, 1992, and
that the same was duly passed and adopted at a regular meeting of said City
Council held on the 14th day of January, 1992, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 5282 on the 15th day of January, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 15th day of January, 1992.
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Ordinance No. 5282 and was published once in
the Anaheim Bulletin on the 24th day of January, 1992.
CITY CLERK OF THE CITY OF ANAHEIM
CITY CLERK OF THE CITY
OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Ordinance No. 5282 and was published once in
the Anaheim Bulletin on the 24th day of January, 1992.
CITY CLERK OF THE CITY OF ANAHEIM