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5966ORDINANCE NO. 5966 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING, REPEALING AND AMENDING VARIOUS CHAPTERS, SECTIONS AND SUBSECTIONS OF TITLES 16 AND 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO FIRE SERVICES AND LAND DEVELOPMENT AND RESOURCES, RESPECTIVELY WHEREAS, the City Council desires to correct errors, delete unnecessary provisions, and otherwise update various provisions of Titles 16 and 17 of the Anaheim Municipal Code; and WHEREAS, the City Council of the City of Anaheim desires to conform Titles 16 and 17 of the Anaheim Municipal Code to changes in state law as necessary. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Section 16.24.010 of Chapter 16.24 of Title 16 of the Anaheim Municipal Code be, and the same is hereby, amended in 'its entirety to read as follows: " 16.24.0 10 PARAMEDIC FEES. Paramedic fees are hereby established to be charged in connection with emergency medical services provided by the Anaheim Fire Department. The amount of such fees shall be set by resolution of the City Council on the basis of voluntary subscription or actual use of the service. .010 There shall be two types of user fees as follows: .0101 The "Voluntary Subscription Fee" shall be offered to residents and businesses of the City of Anaheim on a voluntary basis for the purpose of assuring subscribers they will not incur higher direct fees should they require emergency medical services. The Voluntary Subscription Fee covers unlimited initial responses for medical emergencies; such Fee does not cover Basic Life Support (BLS) transport services or Advanced Life Support (ALS) transport services. .0102 Payment of the Voluntary Subscription Fee by businesses shall entitle businesses only to emergency medical services rendered to the employees thereof without additional charge. .0 103 The "Fee for Services" shall be a charge designed to recover costs associated with the delivery of emergency medical services to persons and businesses that do not participate in the Voluntary Subscription Fee or where services are not covered by the Voluntary Subscription Fee. Such Fee for Services shall be based on: .01 Costs of service for BLS or ALS first responder emergency services by paramedics and/or engine companies of the Anaheim Fire Department which services do not require transport; and .02 Costs of service for ALS paramedic accompaniment (transport) to a medical facility. .0104 The Fee for Service shall be charged for paramedic services rendered to guests, customers, patients, patrons, visitors or others using the facilities of such businesses." SECTION 2. That Section 16.30.020 of Chapter 16.30 of Title 16 of the Anaheim Municipal Code relating to fees for failure to comply with self -inspection requirements be, and the same is hereby,, repealed in its entirety. SECTION 3. That Section 16.30.030 of Chapter 16.30 of Title 16 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "16.30.030 CITY COUNCIL TO SET FEES. The City Council shall by resolution establish all fees which are billed and collected by the City of Anaheim for reinspection." SECTION 4. That Section 16.35.020 of Chapter 16.35 of Title 16 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: " 16.35.020 TESTING ALARM. Persons shall notify the Anaheim Fire Department through the Metro Cities Joint Powers Authority Communications Center ("MetroNet") prior to any service, test, repair, maintenance, adjustment, alterations, or installations of automatic fire sprinkler or fire alarm systems which might activate a false alarm, which would normally result in an emergency response. Any alarm activated where such prior notice has been given shall not constitute a false alarm for the purpose of this chapter." SECTION 5. That Section 17.04.010 of Chapter 17.04 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: it 17.04.0 10 DEFINITIONS. For the purpose of this chapter, the following terms shall be defined as follows: .010 "Developer" is any person or individual, firm, copartnership, joint venture, association, social group, fraternal organization, corporation, estate trust, business trust, syndicate or any other combination acting as a unit. .020 "Excavation" is any act by which earth, sand, gravel, rock or any other material is cut into, dug, quarried, uncovered, removed, displaced or relocated and shall include the condition resulting therefrom. .030 "Fill" is any act by which earth, sand, gravel, rock or any other material is deposited, placed, pushed, pulled or transported to a place other than the place from which it was excavated and shall include the conditions resulting therefrom. .040 "Grading" is an excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill modifying the elevations and/or drainage patterns of the property. .050 "Grading plan" is a plan or map showing the property boundaries, existing contours, and proposed final grades resulting from grading operations, prepared and signed by a registered civil engineer. .060 "Approved soil testing agency" is an agency which the City Engineer finds has technically qualified personnel and adequate facilities for making the required soil tests. .070 "Approved," when referring to a method, means a method which the City Engineer finds will produce the results specified in the chapter. .080 "Registered Civil Engineer," is a person who practices or offers to practice these professions and who is licensed to do so by the State of California." .090 "Soil Engineer" is a civil engineer duly registered in the State of California whose field of expertise is soil mechanics. K SECTION 6. That Section 17.04.020 of Chapter 17.04 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: 17.04.020 PURPOSE OF CHAPTER ADDITIONAL RECOMMENDATIONS BY CITY ENGINEER. The purpose of this chapter is to require that excavations and fills which may affect drainage and watercourses be performed in accordance with good engineering practice, thereby reducing to a minimum the hazards and damage to public and private property from such work. The City Council declares the regulations and standards established herein to be the minimum regulations necessary for the protection of public and private property and that where circumstances warrant, the City Engineer shall recommend to the City Council such additional standards, procedures and other regulations as may improve the quality of such protection, which regulations may include landscaping and the placement of structures and easements as one essential to accomplish these results." SECTION 7. That Section 17.04.030 of Chapter 17.04 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: " 17.04.030 APPLICABILITY OF CHAPTER. The provisions of this chapter shall apply to the City, to any County, State or Federal governmental agency or any department, commission, board or officer thereof." SECTION 8. That Section 17.04.050 of Chapter 17.04 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: " 17.04.050 WHEN PERMIT REQUIRED. .010 No person shall do any grading without a permit therefor from the City Engineer. .020 A separate permit shall be required for each separate (noncontiguous) site. One permit may cover both an excavation and a fill on the same site." SECTION 9. That Section 17.04.060 of Chapter 17.04 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: 4 " 17.04.060 WHEN PERMIT REQUIRED EXCEPTIONS. No permit shall be required by virtue of this chapter for any of the following: .010 Grading pursuant to a permit for excavation in public streets or public easements; .020 Grading in connection with a public improvement or public work for which inspection is provided by the City of Anaheim; .030 Excavations by a public utility or a mutual water company in private easements; .040 An excavation below finished grade for basements and footings of a building, swimming pool or underground structure authorized by a valid building permit. This exception shall not affect the applicability of this chapter to, nor the requirement of a grading permit for, any fill made with the material from such excavation." SECTION 10. That Section 17.04.070 of Chapter 17.04 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety. SECTION 11. That Section 17.04.090 of Chapter 17.04 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: " 17.04.090 APPLICATION FOR PERMIT. .010 Application for a permit shall be made in the form of scaled plans, prepared by a registered civil engineer, and in a number and form acceptable to the City Engineer, and containing the following information: .0101 The purpose of the work, and a statement as to whether the purpose of the excavation is to prepare the site for subdivision under the State Map Act; cubic yards; performed; be performed; .0102 The amount of material proposed to be excavated and the amount of fill in .0103 The net disturbed area in acres, and the total development area in acres; .0104 The legal description of the property on which the work is to be .0105 The name and address of the owner of the property on which the work is to 5 engineer; .0 106 The name, address and phone number of the civil engineer and soil .0107 Property lines of the property on which the work is to be performed; .0108 Location of all private and public easements on the property; .0109 Location of any buildings or structures on the property where the work is to be performed, and the location of any building or structure on land of adjacent property owners which is within fifteen feet of the property on which the work is to be performed; .0110 Elevations, dimensions, location, extent and the slopes of all work proposed to be done, shown on a contour map; .0111 Detailed plans of all crib walls, drains, dams or other protective devices to be constructed in connection with or as a part of the proposed work; .0112 Location of all retaining walls proposed to be constructed in connection with the proposed work but permitted, as required, by the Building Division; .0113 The City of Anaheim benchmark with complete description and elevations used to provide accurate elevations for design of the proposed work; .0114 Such further applicable plans or drawings as the City Engineer may require in order to carry out the purposes of this chapter. .020 The City Engineer may waive the requirement for scale plans or drawings if he finds that the information on the application is sufficient to show that the work will conform to the requirements of this chapter. .030 Details for construction of private infrastructure, such as private streets, private sewers not under the purview of the Building Division, or private drainage facilities, shall be included on the plan and permitted as part of this application. Design of such improvements shall be in conformance with the requirements and standard details approved by the City Engineer. .040 The application shall be accompanied by the following additional studies, as required by the City Engineer; .0401 A soil report prepared and signed by a licensed Geologist or Soil Engineer providing a thorough engineering investigation based on the existing conditions and work proposed to be done; .0402 A detailed drainage study prepared and signed by a licensed Civil Engineer including supporting calculations, a map showing tributary drainage areas, estimated runoff expressed in cubic feet per second, and analysis of the impacts to downstream drainage facilities; 0 .0403 Such further applicable studies or information as the City Engineer may require in order to carry out the purposes of this chapter. .050 The application shall be accompanied by a plan checking deposit in an amount sufficient to cover the estimated cost of the plan review. The amount of the deposit shall be established by Resolution of the City Council." SECTION 12. That new Section 17.04.095 be, and the same is hereby, added to Chapter 17.04 of Title 17 of the Anaheim Municipal Code, to read as follows: it 17.04.095 PERMITS — ISSUANCE .010 Upon approval of the application, receipt of the permit fee and deposit for inspections, the City Engineer is authorized to issue the permit subject to conditions the City Engineer shall impose to protect the public and private, including conditions set forth on the plans or permit form. The permittee shall retain the permit at the site of the work and present it to the City personnel upon demand. .020 The permit shall include the following information: .0201 The name, address, phone number and fax number of the person to have effective control of the work; .0202 The estimated dates for starting and completing the work to be done." SECTION 13. That Section 17.04. 100 of Chapter 17.04 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: " 17.04. 100 PERMITS FEES. .010 The amount of the permit fee and deposit for inspections shall be established by resolution of the City Council. .020 The City Engineer shall deduct the cost of all inspection and plan review and the cost of any work done and repairs made by or at the order of the City Engineer pursuant to Section 17.04.210, from any of the permittee's deposits. The balance of such deposits shall be refunded to the permittee upon completion of the project. If the deposit is insufficient, the City Engineer shall takes steps as may be necessary to recoup the amount of the insufficiency. The City may apply any other funds of the permittee on deposit with the City to recoup the insufficiency. h .030 The calculations of the City Engineer as to the cost of any work done or repairs made by the City under the provisions of this chapter shall be final and conclusive. .040 The City Engineer shall keep an accurate account of all fees paid, refunds made, the name of the payer/payee, and the date and amount of each payment." SECTION 14. That Section 17.04.110 of Chapter 17.04 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: " 17.04.110 COMPLETION OF WORK. .010 Performance of work shall conform to the approved plans, conditions of permit, and recommendations of the Geologist or Soil Engineer. The responsible geologist or soil engineer shall be in substantial control of the grading to ensure compliance with the recommendations of the soil report and any subsequent recommendations from the geologist or soil engineer. .020 Where not in conflict with other provisions of this chapter, earthwork shall conform to the applicable provisions of the latest edition of the Standard Specifications for Public Works Construction including any supplements." SECTION 15. That new Section 17.04.112 be, and the same is hereby, added to Chapter 17.04 of Title 17 of the Anaheim Municipal Code, to read as follows: " 17.04.112 PAD CERTIFICATION '.0 10 Upon completion of the rough grading work and prior to issuance of any building permit, the City Engineer shall require submittal of the following reports and drawings and any supplements thereto: .0101 A certification from the Civil Engineer that the building pad area is graded in accordance with the approved plans; .0102 A Soil Grading Report prepared by the Soil Engineer including locations and elevations of field density tests, summaries of field and laboratory tests, final description of the soils of the site, and other substantiating data and continents on any changes made during grading and their effect on the recommendations made in the original report. He shall provide certification as to the adequacy of the site for the intended use." 0 SECTION 16. That Section 17.04.114 be, and the same is hereby, added to Chapter 17.04 of Title 17 of the Anaheim Municipal Code, to read as follows: " 17.04.114 LOT CERTIFICATION .010 Upon completion of building construction and prior to issuance of a Certificate of Occupancy, submittal of a certification by the Civil Engineer is required stating that each lot does have positive drainage to the street and/or that a drainage device approved by the City Engineer has been installed to provide adequate lot drainage and is functioning properly; and, that lot drainage has been provided in accordance with the final approved grading plan. .020 Final Lot Certification. Upon completion of the work and prior to issuance of the final Certificate of Occupancy for the site or development, the City Engineer shall require submittal of the following reports and drawings and any supplements thereto: .0201 An As -Graded grading plan prepared by the Civil Engineer including original ground surface elevations, as -graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface public or private drainage facilities, private streets, and private sewers. He shall provide certification that the work has been completed in accordance with these final As -Graded plans; .0202 A final Soil Report prepared by the licensed Soil Engineer including locations and elevations of field density tests, summaries of field and laboratory tests, final description of the soils of the site, and other substantiating data and comments on any changes made during grading and their effect on the recommendations made in the original report. He shall provide certification as to the adequacy of the site for the intended use." SECTION 17. That Section 17.04.115 of Chapter 17.04 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: "17.04.115 DETERMINATION AND ISSUANCE OF PERMIT .010 The City Engineer shall, in his or her discretion, determine whether or not to issue a grading permit based upon the plans, tests and other information in the possession of the City at the time of such approval or rejection. Except as provided in subsection .020 below, the proposed grading plan shall be set for a public hearing prior to a decision by the City Engineer. Notice of the time and place of such public hearing, including a general description of the location of the grading, shall be published once in a newspaper of general circulation as provided in Government Code section 6061. In addition, notice of such hearing shall be mailed by first class United States Mail to the owners of property as shown on the latest equalized assessment rolls of the County of Orange situated within 300 feet of such proposed grading. The term "City G� Engineer" shall be deemed to include any designated representative of the City Engineer. .020 Notwithstanding the requirements of subsection .010 above, no public hearing shall be required to be held by the City Engineer prior to the issuance of a grading permit under any of the following circumstances: .0201 Where the application for a grading permit has been preceded by the preparation or filing of a Negative Declaration or an Environmental Impact Report, as defined in the California Environmental Quality Act (Public Resources Code sections 21092 et seq. and 21080 et seq. respectively, or any successor statutes), for any project of which the grading is a part, and such project is considered and approved at a duly noticed public meeting or public hearing held by the Planning Commission, City Council, or any other hearing officer or hearing body as authorized by this Code; or .0202 Where the application for a grading permit is for grading which is a necessary part of any project for which a discretionary permit or entitlement is otherwise required by any provision of this Code and which discretionary permit or entitlement is considered and approved at a duly noticed public hearing held by the Planning Commission, City Council, or any other hearing officer or hearing body as authorized by this Code; or .0203 Any grading which requires a permit pursuant to this chapter but which grading is statutorily, categorically or otherwise exempt from environmental review pursuant to the provisions of the California Environmental Quality Act (Public Resources Code sections 21092 et seq. and 21080 et seq. respectively, or any successor statutes)." SECTION 18. That Section 17.04.120 of Chapter 17.04 of Title 16 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: " 17.04.120 CRITERIA FOR DENIAL OF PERMIT PERMIT MAY BE CONDITIONED. .010 Whenever in the judgment of the City Engineer the proposed work would directly or indirectly create a hazard to human life or endanger adjoining property or property at a higher or lower level, or any public sewer, storm drain, watercourse, street, street improvement or any other public property, or create a nuisance, the application shall be denied. If in the opinion of the City Engineer the danger or hazard can be eliminated by the erection or installation of walls, cribs or other devices, or by a specified method of performing the work, the City Engineer may grant the permit upon condition that the specified protection and precautionary work be done to his satisfaction, or upon condition that a specified method of performing the work be used. .020 In granting any permit under this chapter, the City Engineer may attach such conditions thereto as may be reasonably necessary to prevent danger to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance." 10 SECTION 19. That Section 17.04.160 of Chapter 17.04 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "17.04.160 DECISION OF CITY ENGINEER SHALL BE FINAL UNLESS APPEALED. Any decision of the City Engineer pursuant to this chapter, including but not limited to any decision concerning the issuance, issuance with conditions, denial or revocation of any grading permit or the approval or denial of any grading plan, shall be made in writing and shall be either personally delivered or mailed by first-class U.S. mail, postage prepaid, to the permit applicant and any other person(s) requesting notice of such decision. Said decision may be appealed by the applicant or any other person by filing written notice of appeal with the City Clerk, together with such appeal fee as established by resolution of the City Council, within ten (10) calendar days following the date of personal service or the date of mailing of such decision, whichever is earlier. The filing of a timely appeal shall vacate the decision of the City Engineer and any rights granted under any grading permit which is the subject of the appeal. The City Council shall designate a hearing officer to hear such appeal and render a final decision thereon. Such hearing shall be held within thirty (30) days following the date of filing of the notice of appeal. Notice of such hearing shall be given in the manner provided in Section 17.04.115 of this chapter and to any other person who has filed a written request with the City Engineer for notice thereof. The hearing officer shall render his or her decision within five (5) calendar days following the conclusion of the hearing. The decision of the hearing officer shall be final and conclusive." SECTION 20. That Section 17.04.170 of Chapter 17.04 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "17.04.170 EXPIRATION AND EXTENSION OF PERMITS. Every permit issued hereunder shall expire at the end of sixty days following the estimated date of completion as set forth in the permit. If the permittee shall be unable to complete the work within the specified time, he shall, prior to expiration of the permit, present in writing to the City Engineer a request for an extension of time, setting forth therein the reasons for the requested extension, accompanied by payment of a fee for permit extension. The amount of the fee shall be established by resolution of the City Council. If in the opinion of the City Engineer such an extension is necessary, he may grant additional time for the completion of the work." SECTION 21. That Section 17.04.180 of Chapter 17.04 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: 11 " 17.04.180 EXCAVATIONS CUTS AND FILLS. .010 All cuts and fills shall be made in accordance with the recommendations of the Soil Report as required per Section 17.04.090 and conform to the following: .0101 No excavation shall be made with a face steeper in slope than one and one-half to one vertical unless a retaining wall or other approved support is provided to support the face of the excavation or fill. The City Engineer may upon request permit deviations from this standard provided the Soil Report provides an analysis and recommendation to approve such deviations. .0102 The City Engineer may require the excavation or fill to be constructed with an exposed surface flatter in slope than one and one-half to one vertical if he finds that under the particular conditions such flatter is necessary for stability and safety. .020 All slopes shall be protected immediately upon completion with an approved erosion control device such as planting, or the placing of jute mesh or straw matting. .030 Fill material, after compaction, shall have a minimum relative density of not less than ninety percent of maximum dry density (or such lesser percentage as specified by the City Engineer and recommended by the Soil Engineer) as determined by the Modified AASHO Soil Compaction Test, or other approved testing method giving equivalent test results. .040 This section applies to all excavations and fills in the City of Anaheim regardless of whether a permit is required by this chapter for such excavation or fill, except that the test and reports specified by this section shall not be necessary in connection with excavations or fills for which no permit is required. SECTION 22. That Section 17.04.190 of Chapter 17.04 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety. SECTION 23. That Section 17.04.2 10 of Chapter 17.04 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "17.04.210 WORK IN PROGRESS CITY ENGINEER MAY CONDITION COMPLETION. .010 If at any stage of work on an excavation or fill the City Engineer determines by inspection that the nature of the formation is such that further work as authorized by an existing permit is likely to endanger any property or public way, the City Engineer may require as a condition to allowing further work to be done that such reasonable safety precautions be taken as 12 the City Engineer considers advisable to avoid such likelihood of danger. Such safety precautions may include but shall not be limited to specifying a flatter exposed slope, construction of additional drainage facilities, erosion control measures, berms, terracing, compacting or cribbing. .020 If the work is not prosecuted with due diligence to completion, and in a manner as not to endanger any adjoining public or private property, or if the work does not comply with the terms of this chapter, the City Engineer shall notify the permittee, in writing, and require the permittee, within such time as allowed by the City Engineer, to take such corrective measures as may be determined by the City Engineer. Upon failure of the permittee to undertake such corrective measures, the City Engineer may complete or cause to be completed, at the expense of the permittee, whatever work in necessary to restore the property to a safe condition. No notice to the permittee shall be required when, in the judgment of the City Engineer, a hazard to the public exists." SECTION 24. That Section 17.04.220 of Chapter 16.35 of Title 16 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: " 17.04.220 EXCAVATIONS ADJACENT TO PUBLIC PROPERTY. No person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley or other public or private property without supporting and protecting such public street, sidewalk, alley or other public or private property from settling, cracking or other damage which might result from such excavation. Should the nature of the excavation create a hazard to life unless adequately supported and/or fenced, the applicant may be required to construct approved support and/or fences or guardrails to safeguard persons using the public street, sidewalk, alley or other public or private property." SECTION 25. That Section 17.04.230 of Chapter 17.04 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: " 17.04.230 PLACEMENT AND DISPOSAL OF EXCAVATED MATTER. .010 No person shall dump, move or place any earth, sand, gravel, rock, stone or other excavated material so as to cause the same to be deposited upon or to roll, flow or wash upon or over the premises of another without the express consent of the owner of each such premises so affected or upon or over any public way. .020 No person shall, when hauling any earth, sand, gravel, rock, stone or other excavated material over any public street, alley or other public place, allow such materials to blow or spill over and upon such street, alley or property or adjacent private property. 13 .030 When, due to a violation of subsection .010 of this section, any earth, sand, gravel, rock, stone or other excavated material is caused to be deposited upon or to roll, flow or wash upon any public place or way, the person responsible therefor shall cause the same to be removed from said public place or way within thirty-six hours. In the event it is not so removed, the City Engineer shall cause such removal and the cost of such removal by the City Engineer shall be paid to the City by the person who failed to so remove the material. .040 No person shall import or export in excess of 100 yards of fill or excavated material from the site without first obtaining approval from the City Engineer of the haul route for the material. SECTION 26. That Section 17.08.240 of Chapter 17.08 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: of 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 = 3.56 persons per dwelling unit. .020 Single family attached dwelling units = 2.80 persons per dwelling unit. .030 Two -to -four plex dwelling units = 3.93 persons per dwelling unit. .040 Five or more dwelling units = 3.11 persons per dwelling unit. .050 Mobilehome dwelling unit = 2.51 persons per dwelling unit. .060 Notwithstanding subsections .010 through .050 above, all Platinum Triangle residential units = 1.50 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." SECTION 27. That Section 17.08.250 of Chapter 17.08 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: " 17.08.250 AMOUNT OF LAND TO BE DEDICATED AND DEVELOPMENT FEE. 14 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, 310.15 square feet. .020 Per single family attached unit, 243.94 square feet. .030 Per two -to -four plex units, 342.38 square feet. .040 Per five or more units, 270.94 square feet. .050 Per mobilehome dwelling unit, 218.67 square feet. .060 Notwithstanding subsections .010 through .050 above, per single residential unit in the Platinum Triangle, 44.00 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 = 3.56 persons/single family detached unit. P = 2.80 persons/single family attached unit. P = 3.93 persons/two-to-four plex units. P = 3.11 persons/five or more units. P = 2.51 persons/mobilehome dwelling unit. P = 1.50 persons/Platinum Triangle dwelling unit, any other provision hereof notwithstanding. 15 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 = 3.56 persons/single family detached unit P = 2.80 persons/single family attached unit P = 3.93 persons/two-to-four plex units P = 3.11 persons/five or more units P = 2.51 persons/mobilehome dwelling unit P = 1.50 persons/Platinum Triangle dwelling unit, any other provision hereof notwithstanding. In applying the formula above, no credit shall be allowed for private open space in the subdivision." SECTION 28. That Section 17.08.260 of Chapter 17.08 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: 16 if 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: (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 = 3.56 persons/single family detached unit P = 2.80 persons/single family attached unit P = 3.93 persons/two-to-four plex units P = 3.11 persons/five or more units P = 2.51 persons/mobilehome dwelling unit P = 1.50 persons/Platinum Triangle dwelling unit, any other provision hereof notwithstanding." SECTION 29. That Section 17.08.385 of Chapter 17.08 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows 17 "17.08.385 PUBLIC LIBRARY SERVICES AREAS -PAYMENT OF FEES REQUIRED. .010 Where the City Council finds that, upon development of an undeveloped or substantially undeveloped area of the City, said area cannot be adequately or properly served by existing public library services, the City Council may by resolution establish a Public Library Services Plan for the providing of public library services for said area. Said Public Library Services Plan shall establish the boundaries of the area of benefit, the actual or estimated cost of said public library services, and the method of apportionment of the cost of said services. The term "public library services" as used herein shall include the land, structures, equipment, collections, and any other items as determined by the City Council to be reasonably necessary to provide adequate public library services for the area of benefit. .020 The City shall require a subdivider or developer or property (hereinafter referred to jointly as "subdivider") to pay such fees as established in the Public Library Services Plan as a condition of approval of any final map or parcel map having boundaries wholly or partly within an established area of benefit or, in the event of said property is to be developed without subdivision, as a condition of issuance of building permits for such development; provided, however, in the event such fees are, in whole or part, imposed upon or measured by any buildings, including but not limited to the number, type or size of such buildings, to be constructed upon property within an established area of benefit, such fees shall be required to be paid prior to, and as a condition of, issuance of building permits for any such building. The term "building" as used herein shall have the same meaning as set forth in the Uniform Building Code adopted pursuant to Title 15 of this Code. .025 Notwithstanding the requirements of subsection .020 of this section, in the event the subdivider or developer of property enters into an agreement with the City prior to the date payment of said fees would otherwise be required pursuant to subsection .020 of this section and such agreement provides for a payment date different from the date otherwise specified in subsection .020 of this section, payment of said fees shall be required at the time specified in said agreement. .030 The City, at its sole discretion, may accept consideration consistent with, or necessary for, implementation of said Public Library Services Plan in lieu of the payment, in whole or part, of fees otherwise required by this section. Said considerations may include, but are not limited to, the dedication of land to the City as a public library site. .040 All fees collected by the City pursuant to this section shall be deposited in a public library services fund. A separate fund shall be established for each are of benefit within a Public Library Services Plan. Moneys in such fund shall be expended solely for the construction, equipping or supplying for said services as set forth in said Public Library Services Plan or to reimburse the City for the cost thereof, except that any funds remaining in, or accruing to, said fund following payment of all of the aforesaid costs and expenses may be used by the City for the IN maintenance, repair, staffing or other costs directly relating to said services. The term "construction" as used herein shall include design, acquisition of land, administration of construction contracts, and actual construction costs. SECTION 30. That Section 17.34.0 10 of Chapter 17.34 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows "17.34.010 PROVISION FOR PARK AND RECREATIONAL FACILITIES. Prior to the issuance of a building permit for any dwelling unit or units, the applicant shall irrevocably offer to dedicate a portion of the land on which- said unit or units are located and pay a fee for the development thereof, or pay a fee in lieu of dedication and the development fee for the purpose of providing park and recreation facilities to serve the future residents of the unit or units; provided, however, that, for projects having fifty or fewer dwelling units, only the payment of the in -lieu fee shall be required. Upon approval of the Director of the Community Services Department, the applicant may irrevocably offer land other than the land on which the units are located." SECTION 31. That Section 17.34.020 of Chapter 17.34 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: " 17.34.020 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 = 3.56 persons per dwelling unit. .020 Single family attached dwelling units = 2.80 persons per dwelling unit. .030 Two -to -four plex dwelling units = 3.93 persons per dwelling unit. .040 Five of more dwelling units = 3.11 persons per dwelling unit. .050 Mobilehome dwelling unit = 2.51 persons per dwelling unit. .060 Notwithstanding subsections .010 through .050 above, all Platinum Triangle residential units = 1.50 persons per dwelling unit." M SECTION 32. That Section 17.34.030 of Chapter 17.34 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: " 17.34.030 AMOUNT OF FEE. Where a fee is required to be paid, the amount of such fee shall be established by resolution. The fees shall be based on the following formula: L = Land (average acquisition cost per acre) updated annually based upon a yearly opinion of value 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 = 3.56 persons/single family detached unit. P = 2.80 persons/single family attached unit. P = 3.93 persons/two-to-four plex units. P = 3.11 persons/five or more units. P = 2.51 persons/mobilehome dwelling unit. P = 1.50 persons/Platinum Triangle dwelling unit, any other provision hereof notwithstanding." .SECTION 33. SEVERABILITY The City Council of the City of Anaheim 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 this it would have passed all other portions of this 91] ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 34. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal or amendment 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 thereof, nor be construed as a waiver of any tax, license or penalty or of the penal provisions applicable to any violations thereof. The provisions of the 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 35. PENALTY. Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 12th' -day of April , 2005, and thereafter passed and adopted at a regular meeting of said City Council held on the 26th day of April , 2005, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY CLERK OF THE CITY OF ANAHEIM .57644.1 21 CITY O ANAHEIM By MAYOR OF THE CAY OINANAHEINI AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) Ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: May 5, 2005 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: May 5, 2005 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO, 5966 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING, REPEALING AND AMENDING VARIOUS CHAPTERS, SECTIONS AND SUBSECTIONS OF TITLES 16 AND 17 OF THE ANAHEIM MUNICIPAL CODE ! RELATING TO FIRE SERVICES AND LAND DEVELOPMENT AND RESOURCES This ordinance makes the following revisions to the existing provisions of Titles 16 and 17 of the Anaheim Municipal Code: Title 16 1. Amends Section 16.24.010 to clarify that the voluntary subscription fee for emergency medical responses covers unlimited initial on -scene services but not costs for transport, if any. Changes references from "paramedic services" to "emergency medical services." 2. Repeals Section 16.30.020 imposing fees for failure to comply with requirements of the former self -inspection pro- gram for fire inspections. 3. Amends Section 16.30.030 to delete reference to self -inspection program. 4. Amends Section 16.35.020 to revise title from North Net Joint Powers Communications Center to Metro Cities Joint Powers Communications Center. Title 17 5. Amends Section 17.04.010 to add definition of "soil engineer," delete references to registered landscape archi- tect, land surveyor and architect, and revise definition of "grading" to refer to any excavation or fill which modifies the ele- vation and/or drainage patterns of the property. 6. Amends Section 17.04.020 to clarify that purpose of grading regulations is to require excavations and fills which may affect drainage and watercourses to be performed in accordance with good engineering practices. 7. Amends Section 17.04.030 to eliminate fee exemption for other public agencies. 8. Amends Section 17.04.050 to eliminate the list of private grading projects which would not require a permit from the City Engineer. 9. Amends Section 17.04.060 to add exemption from grading permit requirement for grading pursuant to an excava- tion permit in a public easement or by a public utility or mutual water company in a private easement. 10. Repeals Section 17.04.070 which imposes responsibility on Building Inspector to perform duties of City Engineer', when grading is performed in conjunction with building construction. 11. Amends Section 17.04.090 to require that grading permit application shalt be in the form of scaled plans prepared by a registered civil engineer and revises the information to be included therewith. 12. Adds new Section 17.04.095 relating to the contents of the grading permit issued by the City Engineer. 13. Amends Section 17.04.100 to require permit fee and deposit for inspections to be in such amount asset by resolu- tion of the City Council and provides for refunds of any deposit balances. 14. Amends Section 17.04.110 to require that all grading work shall conform to approved plans and recommendations of the responsible soil engineer. 15. Adds new Section 17.04.112 to require (i) certification from the project's civil engineer that any building pad is graded in accordance with the approved plans prior to issuance of a building permit, and (ii) a soil grading report pre- pared by the project's soil engineer, including locations and elevations of field density tests, final description of the geolo- gy of the site, comments on any changes made during grading, and certification of the adequacy of the site for the intend- ed use. 16. Adds new Section 17.04.114 requiring submittal of final as -built grading plan by civil engineer and certification of all grading work and drainage as conforming to final as -built grading by soil engineer. 17. Amends Section 17.04.115 to require notice to all properties within three hundred feet of project and hearing by City Engineer prior to approval of grading plan for non -hillside areas only if grading requires environmental review under CEOA and grading is not part of a project which will be the subject of a noticed public hearing held by the Planning Com- mission, City Council or other hearing officer or hearing body designated by the Code. 18. Amends Section 17.04.120 setting forth criteria for denial of grading permit to include creation of a nuisance as grounds for denial. Deletes illustrative list of types of conditions which may be attached to the grading permit. 19. Amends Section 17.04.160 to provide that decision of City Engineer regarding grading permit shall be final unless appealed within ten days of mailing of notice of decision to the property owner and any other person(s) requesting notice of such decision. Upon timely appeal, a hearing officer designated by the City Council shall hold hearing and render deck sion which shall be final and conclusive. 20. Amends Section 17.04.170 to provide for extension of grading permits beyond sixty days following estimated com- pletion date upon payment of permit fee for extension in such amount as set by resolution of the City Council. 21. Amends Section 17.04.180 to provide that all cuts and fills shall be made in accordance with the recommenda- tions specified in the soil report and specifying standards for excavations and fills. 22. Repeals Section 17.04.190 relating to standards for fills (which standards will now be set forth in Section 17.04.180). 23. Amends Section 17.04.210 to require corrective measures if work not prosecuted with due diligence, or endan- gers any adjoining property, or is not performed in accordance with Chapter 17.04. Permits the City to take corrective ac- tion where necessary to restore the property to safe condition. 24. Amends Section 17.04.220 to require hazardous excavations on private as well as public property to be support- ed and/or fenced as required to protect public safety. 25. Amends Section 17.04.230 to prohibit import or export of over 100 cubic yards of fill or excavated material without first obtaining approval of the haul route from the City Engineer. 26. Amends Section 17.08.240 relating to parkland dedication or in -lieu fee payments to revise figures concerning average number of persons residing in various categories of dwelling units to conform to the 2000 decennial census. Sep- arate calculations are specified for dwelling units in the Platinum Triangle, 27. Amends Section 17.08.250 to revise the amount of land which must be dedicated for parkland in con unction with residential development projects. Separate calculations are specified for dwelling units in the Platinum Triang�e. 28. Amends Section 17.08.260 to revise the formula upon which fees in -lieu of parkland dedication are based in con- junction with residential development projects (of 50 or fewer parcels). Separate calculations are specified for dwelling units in the Platinum Triangle. 29. Amends Section 17.08.385 to clarify that developer fees for public libraries may be used for both library facilities and services as determined by the City Council. 30. Amends Section 17.34.010 to revise reference to the Parks, Recreation and Community Services Department to the "Community Services Department." 1 31. Amends Section 17.34.020 to revise the figures concerning the average number of persons residing in each cate- gory of residential dwelling unit. Separate calculations are specified for dwelling units in the Platinum Triangle. 32. Amends Section 17.34.030 to revise the figures concerning the average number of persons residing in each cate- gory of residential dwelling unit. Separate calculations are specified for dwelling units in the Platinum Triangle. 1, Sheryll Schroeder, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No. 5966 which ordinance was introduced at a regular meeting of the City Council of the City of Anaheim on the 12th day of April, 2005 and was duly passed and adopted at a regular meeting of said Council on the 26th day of April, 2005 by the following roll call, vote of the members thereof: AYES:Mayor Pringle, Council Members: Chavez, -Hernandez, Galloway, Sidhu NOES: None ABSENT: None The above summary is a brief description of the subject matter contained in the text of Ordinance No. 5966, which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim. This summary does not include or describe every provision of the ordinance and should not be relied on as a substitute for the full text of the ordinance. Tq �obta^ a =_a of the full text of ®rdin noe, Pte$se contact the Office of the City Clerk, (714) 765-5166, between 8:00 AM and 8:009W1 Monday through clay. , are is ric charge for the copy. PublishAnaheim Bull- etfri ��s..ny {p 6642Wd.._