Loading...
5745ORDINANCE NO. 5745 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 18.04.080 OF CHAPTER 18.04 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SITE DEVELOPMENT STANDARDS - DEDICATION AND IMPROVEMENTS THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Section 18.040.080 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same is 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, trail improvements, parkway landscaping and median island landscaping 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 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. .025 Improvement of Right -of -Way — Critical Intersections. In the case of properties abutting all or any portion of an intersection designated on the Circulation Element of the Anaheim General Plan as a Critical Intersection, compliance with the obligation imposed by subsection .020 shall be met by installation of all required improvements, or payment of a sum of money in an amount determined by the City Engineer to be sufficient to pay for all required improvements, except those improvements of costs related directly to improvements for the Critical Intersection standards which are in excess of 01) standards otherwise applicable to the street or highway being improved. Funds paid pursuant to this subsection shall be treated the same as those paid under Subsection .020b. .030 Street Lighting Facilities. Street lighting facilities and CATV underground structures shall be installed prior to issuance of occupancy permits in accordance with the official street lighting plan and CATV specifications approved by the General Manager of the Public Utilities Department. A performance bond shall be required in an amount established by the General Manager and in a form approved by the City Attorney to cover the installed cost of the facilities required. In lieu of the installation of street lighting facilities, the General Manager may require street lighting fees on a front -foot charge basis for any abutting street or highway in an amount to recover the estimated cost for the street lighting facilities required in accordance with the official street lighting plan approved by the General Manager. The requirement for installation or payment of street lighting facilities front -foot fee may be waived by the General Manager if the subject property has previously been assessed a fee for the street lighting facilities, but none were installed due to the existing street lighting system complying with the official street lighting plan approved by the General Manager. .050 Public Utility Easements. Public utility easements necessary to serve the subject property and/or area in which the subject property is situated shall be dedicated to the City in accordance with the requirements of the Utilities General Manager. Electrical utilities shall be placed underground and dedicated to the City of Anaheim in accordance with the requirements of the Utilities General Manager prior to issuance of occupancy permits. .060 Fire Protection Facilities. Necessary fire protection facilities shall be provided for in accordance with the requirements of the Fire Chief prior to issuance of occupancy permits or at such other time as required by the Fire Chief. .070 Exemptions. .071 The following building permits are exempt from the requirements imposed by subsection .010 of this section: 3 (a) Building permits for interior modifications of buildings or structures which do not increase the usable square footage of the building; (b) Building permits for replacement of an existing structure that is to be demolished or that has been destroyed by fire, earthquake or other calamity, to the extent the replacement structure does not increase usable square footage; (c) Building permits for any expansion of an existing single-family residence. .072 The following building permits are exempt from the requirements imposed by subsections .020 through .060 of this section, inclusive: (a) Building permits for interior modifications of buildings or structures which do not increase the usable square footage of the building; (b) Building permits for replacement of an existing structure that is to be demolished or that has been destroyed by fire, earthquake or other calamity, to the extent the replacement structure does not increase usable square footage; (c) Building permits wherein a minor addition is being added to an existing structure or building. "Minor addition" shall include an expansion of a single-family residence or any expansion of a commercial, multiple -family residence or industrial use wherein the square footage of all buildings on the property is being expanded by 1,000 square feet or less within any two-year period. .080 Variances. The Planning Commission may grant variances from any of the requirements imposed by subsections .010 through .060 of this Section 18.04.080 in accordance with the procedures established in Chapter 18.03 of this Code for the processing of variances except that the findings set forth in Section 18.03.040.030 thereof shall not be required and provided that before any such variance is granted by the Planning Commission, it shall be shown that either: (a) There is no reasonable relationship between the need for the required dedication and improvements and the type of development project on which such requirements are imposed; or El (b) The cost of the required dedication and improvements unreasonably exceeds the burden or impact created by the development project." 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. 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 is approved and adopted by the City Council of the City of Anaheim this12th da of December , 2 0 0 0. MA( OR OF THE CITY OF ANAHEIM ATTEST: CITY CLERRC OF THECIT�HEIM 34026.1 5 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. 5745 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 5th day of December, 2000, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 12th day of December, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: NOES: MAYOR/COUNCIL MEMBERS: ABSENT: MAYOR/COUNCIL MEMBERS: (SEAL) __._ _ __.T._._____T__e-. _ _.__.- --_ __ Feldhaus, Kring, Tait, McCracken, Daly None None CITY &F THE CITY OF ANAHEIM