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5260L ORDINANCE NO. 5260 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CERTAIN SECTIONS OF CHAPTERS 17.08 AND 17.34 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO PARK FEES THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Sections 17.08.240, 17.08.250, and 17.08.260 of Chapter 17.08 and Section 17.34.020 of Chapter 17.34 all of Title 17 of the Anaheim Municipal Code, which sections pertain to the formula for determining park fees, be, and the same are hereby, amended to read as follows: "17.08.240 POPULATION DENSITY Population density for the purpose of Sections 17.08.200 through 17.08.290 shall be determined in accordance with the following schedule of densities by dwelling unit as derived from the most recent available Federal Census: .010 Single family detached dwelling units = 3.36 persons per dwelling unit. .020 Single family attached dwelling units = 2.61 persons per dwelling unit. .030 Two -to -four plex dwelling units = 3.39 persons per dwelling unit. .040 Five or more dwelling units = 2.62 persons per dwelling unit. .050 Mobilehome dwelling unit = 2.01 persons per dwelling unit. The basis for determining the total number of units permitted by the City on the property included in a subdivision at the time the final subdivision tract map is filed for approval." 1117.08.250 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: L .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 square feet. .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 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 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 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 - 2 - L 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 unit In applying the formula above, no credit shall be allowed for private open space in the subdivision." 1117.08.260 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 fees shall be based on the following formula: In -Lieu Fee Formula (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 Construction Price Index S = Standard (master planned) acreage per dwelling unit P = Persons per dwelling unit Values used for determining the 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 unit" 1117.34.020 POPULATION DENSITY Population density for the purpose of Sections 17.34.010 through 17.34.030 shall be determined in accordance with the following schedule of densities by dwelling unit as derived from the most recently available Federal Census: .010 Single family detached dwelling units = 3.36 persons per dwelling unit. - 3 - .020 Single family attached dwelling units = 2.61 persons per dwelling unit. .030 Two -to -four plex dwelling units = 3.39 persons per dwelling unit. .040 Five of more dwelling units = 2.62 persons per dwelling unit. .050 Mobilehome dwelling unit = 2.01 persons per dwelling unit." "17.34.030 AMOUNT OF FEE where a fee is required to be paid, the amount of such fee shall be established by resolution. formula: The fees shall be based on the following (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 Construction Price Index S = Standard (master planned acreage per dwelling unit P = Persons per dwelling unit Values used for determining the 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 unit" SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, 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. - 4 - SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal 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. THE FOREGOING ORDINANCE City Council of the City of Anahei ATTEST: CITY CLERK OF THE CITY OF ANA EIM MES:dnl O69FEES.10 081291 is approved and adopted by the m this 8th day of October , 1991. tAAY0R OF THE Y O AHEIM - 5 - i 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. 5260 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 1st day of October, 1991, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 8th day of October, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Pickler, Ehrle and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Simpson AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5260 on the 9th day of October, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th day of October, 1991. 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. 5260 and was published once in the Anaheim Bulletin on the 18th day of October, 1991. CITY CLERK OF THE CITY OF ANAHEIM