4640ORDINANCE NO. 4640
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
SECTION 17.08.432 TO CHAPTER 17.08 OF TITLE 17
OF THE ANAHEIM MUNICIPAL CODE ADOPTING A MAJOR
THOROUGHFARE AND BRIDGE FEE PROGRAM
WHEREAS, Government Code Section 66484.3 authorizes the
City to require by ordinance the payment of a fee as a condition
of approval of a final subdivision map or as a condition of
issuing a building permit for the purpose of defraying the cost of
constructing major thoroughfares and bridges; and
WHEREAS, the City Council desires to adopt such a fee
program in order to insure that future development shall pay a
share of the costs of constructing transportation systems adequate
to serve that development.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
HEREBY ORDAINS AS FOLLOWS:
SECTION 1.
Section 17.08.432 is hereby added to Chapter 17.08 of
Title 17 of the Anaheim Municipal Code to read as follows:
"SECTION 17.08.432 MAJOR THOROUGHFARE AND BRIDGE FEE
a. A building permit applicant, as a condition of
issuance of a building permit, shall pay a fee as
hereinafter established to defray the costs of
constructing bridges over waterways, railways, freeways
and canyons, or constructing major thoroughfares.
b. Definitions.
(1) The term 'construction' as used in this
section includes preliminary studies, design,
acquisition of right-of-way, administration of
construction contracts, and actual construction.
(2) The term 'major thoroughfare' means those
roads designated as transportation corridors and major,
primary, secondary, or commuter highways on the Master
Plan of Arterial Highways of the County of Orange or the
Circulation Element of the General Plan of the City of
Anaheim. The primary purpose of such roads is to carry
through traffic and provide a network connecting to the
State highways system.
(3) 'Bridge facilities' mean those locations
identified in the transportation or flood control
provisions of the Circulation Element or other element
of the General Plan as requiring a bridge to span a
waterway, a railway, freeway, or canyon.
(4) 'Area of benefit' means a specified area
wherein it has been determined that the real property
located therein will benefit from the construction of a
major thoroughfare or bridge project.
C. The provisions herein for payment of a fee shall
apply only if the major thoroughfare or bridge facility
has been included in an element of the City's General
Plan or the General Plan of the County of Orange adopted
at least thirty (30) days prior to the application for a
building permit and on land located within the
boundaries of the area of benefit.
d. Payment of fees shall not be required unless any
major thoroughfares are in addition to, or a widening or
reconstruction of, any existing major thoroughfares
serving the area at the time of the adoption of the
boundaries of the area of benefit.
e. Payment of fees shall not be required unless any
planned bridge facility is a new bridge serving the area
or an addition to an existing bridge facility serving
the area at the time of the adoption of the boundaries
of the area of benefit.
f. Action to establish an area of benefit may be
initiated by the City Council upon its own motion or
upon the recommendation of either the Director of
Community Development and Planning or the City
Engineer. The City Council shall set a public hearing
for each proposed area benefited. Notice of the time
and place of said hearing including preliminary
information related to the boundaries of the area of
benefit, estimated costs and the method of fee
apportionment shall be given in the following manner:
(1) Notice shall be given at least ten (10)
calendar days before the hearing by the following:
(a) Notice published at least once in a
newspaper of general circulation within the proposed
area of benefit.
(b) Notices sent by first-class mail
addressed to each property owner within the boundary of
the proposed area of benefit.
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g. (1) At the public hearing the City Council will
consider the testimony, written protests, and other
evidence. At the conclusion of the public hearing the
City Council may, unless a majority written protest is
filed and not withdrawn as specified in section g(3),
determine to establish an area of benefit. If
established, the City Council shall adopt a resolution
describing the boundaries of the area of benefit,
setting forth the cost, whether actual or estimated, and
the method of fee apportionment. A certified copy of
such resolution shall be recorded by the City Clerk with
the Orange County Recorder's Office.
(2) Such apportioned fees shall be applicable to
all property within the area of benefit and shall be
payable as a condition of issuing a building permit for
such property or portions thereof. Where the area of
benefit includes lands not subject to the payment of
fees pursuant to this section, the City Council shall
make provisions for payment of the share of improvement
cost apportioned to such lands from other sources.
(3) Written protests shall be received by the City
Clerk at any time prior to the close of the public
hearing. If written protests are filed by the owners of
more than one-half of the area of the property to be
benefited by the improvement, and sufficient protests
are not withdrawn so as to reduce the area represented
by the protests to less than one-half of the area to be
benefited, than the proposed proceedings shall be
abandoned, and the City Council shall not, for one year
from the filing of said written protests, commence or
carry on any proceedings for the same improvement under
the provisions of this section. Any protests may be
withdrawn by the owner making the same, in writing, at
any time prior to the close of the public meeting.
(4) If any majority protest is directed against
only a portion of the improvement, then all further
proceedings under the provisions of this section to
construct that portion of the improvement so protested
against shall be barred for a period of one year, but
the City Council shall not be barred from commencing new
proceedings not including any part of the improvement so
protested against. Such proceedings shall be commenced
by a new notice and public hearing as set forth in
subsection (f) above.
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(5) Nothing in this section shall prohibit the
City Council, within such one-year period, from
commencing and carrying on new proceedings for the
construction of an improvement or portion of the
improvements so protested against if it finds, by the
affirmative vote of four-fifths of its members, that the
owners of more than one-half of the area of the property
to be benefited are in favor of going forward with such
improvement or portion thereof.
h. Fees paid pursuant to this section shall be
deposited in a planned bridge facility or major
thoroughfare fund. A fund shall be established for each
planned bridge facility project or each planned major
thoroughfare project. If the area of benefit is one in
which more than one bridge or major thoroughfare is
required to be constructed, a separate fund may be
established covering all of the bridge projects or major
thoroughfares in the area of benefit. If the area of
benefit encompasses one or more bridges and one or more
thoroughfares and all lands within the area of benefit
are subject to the same proportionate fee for all
bridges and thoroughfares, a single fund may be
established to account for fees paid, Moneys in such
fund shall be expended solely for the construction or
reimbursement for construction of the improvements
serving the area to be benefited and from which the fees
comprising the fund were collected, or to reimburse the
City for the costs of constructing the improvement.
i. The City Council may approve the acceptance of
consideration in lieu of the payment of fees established
herein.
j. The City Council may approve the advancement of
money from the General Fund or Road Fund to pay the
costs of constructing the improvements covered herein
and may reimburse the General Fund or Road Fund for such
advances from planned bridge facility or major
thoroughfare funds established pursuant to this section.
k. If the building permit applicant, as a condition of
the issuance of the building permit, is required or
desires to construct a bridge or major thoroughfare, the
City Council may enter into a reimbursement agreement
with the applicant. Such agreement may provide for
payments to the applicant from the bridge facility or
major thoroughfare fund covering that specific project
to reimburse the applicant for costs not allocated to
the applicant's property in the resolution establishing
the area of benefit. If the bridge or major
thoroughfare fund covers more than one project,
reimbursements shall be made on a pro rata basis
reflecting the actual or estimated costs of the projects
covered by the fund.
WAO
1. The procedure set forth in this section shall be
deemed alternative to the establishment of a fee by any
other procedure authorized by law including but not
limited to the provisions of Sections 17.08.420,
17.08.425 and 17.08.430 of this Code.
SECTION 2. 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.
SECTION 3. 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.
SECTION 4. CERTIFICATION
The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be printed once within
fifteen (15) days after its adoption in the Anaheim Bulletin, a
newspaper of general circulation, published and circulated in said
City, and thirty (30) days from and after its final passage, it
shall take effect and be in full force.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 20th day of August, 1985.
MAYOR OF THE CITY OF ANAHEIM
PRU TQM
ATTEST•
CITY CLERK OF THE CITY OF ANAHEIM
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080885
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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. 4640 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 13th day of August, 1985, and
that the same was duly passed and adopted at a regular meeting of said City
Council held on the 20th day of August, 1985, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4640 on the 20th day of August, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 20th day of August, 1985.
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 Ordinance No. 4640 and was published once in the
Anaheim Bulletin on the 30th day of August, 1985.
CIT': CLERK