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4748FOLLOWS: ORDINANCE NO. 4748 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 17.08.433 TO CHAPTER 17.08 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO BENEFIT DISTRICTS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That new Section 17.08.433 be, and the same is hereby, added to Chapter 17.08 of Title 17 of the Anaheim Municipal Code to read as follows: "17.08.433 SUPPLEMENTAL IMPROVEMENTS AND FEES --PUBLIC STREETS. .010 Where the City Council finds that, upon development of an undeveloped or substantially undeveloped area of the City, said area cannot be adequately served by existing public streets, the City Council may by resolution establish a Public Street Facilities Plan for the providing of new public street facilities for said area. The term 'area' as used herein shall include any contiguous or noncontiguous portion of the City containing two or more parcels of land. The term 'public street facilities' as used herein shall include the cost of any necessary right-of-way, street improvements, paving, curbs and gutters, sidewalks, storm drains, public utilities, street lights, traffic signals and any other improvements and equipment which the City Council determines are reasonably necessary to provide adequate traffic circulation, public street access, and other public facilities within the area of benefit. Where the City Council finds that less than all of the properties within the proposed area of benefit are either (i) then currently under development or (ii) have received development permit approval by the City within the immediately preceding two-year period, and further finds that a majority of the property within the proposed area of benefit may remain undeveloped for more than one year from the date such Plan is approved, the public street facilities included in said Plan may, at the City Council's discretion, include only those facilities found reasonably necessary to serve said properties which are (i) then currently under development or (ii) have received development permit approval by the City within the immediately preceding two-year period, or (iii) which the City Council finds will be under development within one year from the date such Plan is approved. Said Public Street Facilities Plan shall establish the boundaries of the area of benefit, the actual or estimated cost of the facilities, including the cost of acquisition of any right-of-way necessary therefor, and the method of apportionment of the cost of said facilities. The term 'development permit' as used herein shall include any zone reclassification, conditional use permit, zone variance, development agreement, or other discretionary permit approved by the City of Anaheim. "Cost of acquisition" includes costs for legal, appraisal, and other costs associated with condemnation or acquisition of the right-of-way. .020 The City shall require a subdivider or developer of property (hereinafter referred to jointly as 'developer') to pay such fees as established in the Public Street Facilities Plan, together with any interest payable thereon pursuant to subparagraph .090 hereof, 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 said property is to be developed without subdivision, as a condition of issuance of building permits for such development. Any fees and interest collected by the City pursuant to this Section shall be deposited in a Public Street Facilities Fund established for the benefit area and shall be expended only for the purposes set forth therein. .030 The City may require that a developer install or furnish all or any portion of the facilities specified in said Public Street Facilities Plan, including facilities of a supplemental size, capacity or number for the benefit of property not within the subdivision, or the property being developed by the developer, and that said facilities be dedicated or conditionally dedicated to the public, as a condition of approval of any final map or parcel map, or as a condition of issuance of building permits for development of any property, having boundaries wholly or partly within the area of benefit. .040 If a developer is required to install, furnish or finance the cost of facilities located outside the boundaries of said subdivision or property being developed but within an established area of benefit and which facilities serve or benefit other property outside the boundaries of said subdivision or property being developed, the City shall enter into a reimbursement agreement with such developer to reimburse such developer from fees and interest received by the City pursuant to subsection .020 above for that portion of the actual cost of said facilities in excess of said developer's pro rata share thereof as determined pursuant to the provisions of said Public Street Facilities Plan together with developer's pro rata share -2- of any interest thereon collected by City pursuant to subsection .090 hereof. .050 Prior to establishing any Public Street Facilities Plan pursuant to this Section, the City Council shall hold a public hearing regarding the proposed Facilities Plan, including the boundaries of the proposed area of benefit. Notice of such public hearing shall be given by mailed notice to each owner of land within the proposed area of benefit, with postage prepaid, using addresses from the last equalized assessment roll. Alternatively, notice may be given by both publication at least ten (10) calendar days before the hearing in a newspaper of general circulation, published within the City and circulated within the proposed area of benefit, and by posting such notice in conspicuous places upon property within the proposed area of benefit. Such notice shall contain preliminary information concerning such Facilities Plan, including the proposed general boundaries of the area of benefit, the facilities planned for the area of benefit and estimated costs thereof, and the proposed method of fee apportionment. .060 At the public hearing the City Council shall 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 or overruled as provided in subsection .070 hereof, determine to establish the Public Street Facilities Plan. If established, the City Council shall adopt a resolution describing the boundaries of the area of benefit, the actual or estimated cost of the facilities, and the method of fee apportionment. .070 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 included in the area of benefit, and sufficient protests are not withdrawn nor the boundaries of the area of benefit revised so as to reduce the area represented by the protests to less than one-half of the area to be included in the Facilities Plan, then the proposed proceedings shall be abandoned unless the City Council overrules such majority protest by the affirmative vote of four-fifths of its total members in which event the City Council may proceed to adopt the Public Street Facilities Plan. .080 The City Council may from time to time, by resolution, revise or amend the amount of the fees theretofore established and to be collected pursuant to this section, provided that any revision or amendment to -3- the method of fee apportionment shall be approved only following a public hearing thereon, duly noticed in the manner set forth in Subsection .050 above. .090 In addition to the amount of said fee as established pursuant to this section, the developer shall be required to pay interest thereon, to be collected by City at the time of payment of said fee, which interest shall commence to accrue upon the date of completion of said improvements or the date of adoption of the Public Street Facilities Plan whichever is later and shall be in an amount equal to the City's average annual rate of interest earned upon investment of its general fund. Said interest shall be compounded annually from the date of accrual to the date of payment. .100 The procedure set forth in this section shall be an alternative to any other procedure otherwise available under law. SECTION 2. That new Subsections .052, .054, and .056 be and the same are hereby added to Section 17.08.434 Chapter 17.08 of Title 17 of the Anaheim Municipal Code to read as follows: .052 At the public hearing the City Council shall 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 or overruled as provided in subsection .054 hereof, determine to establish the Facilities Plan. If established, the City Council shall adopt a resolution describing the boundaries of the area of benefit, the actual or estimated cost of the facilities, and the method of fee apportionment. .054 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 included in the area of benefit, and sufficient protests are not withdrawn nor the boundaries of the area of benefit revised so as to reduce the area represented by the protests to less than one-half of the area to be included in the Facilities Plan, then the proposed proceedings shall be abandoned unless the City Council overrules such majority protest by the affirmative vote of four-fifths of its total members in which event the City Council may proceed to adopt the Facilities Plan. -4- .056 The procedure set forth in this section shall be an alternative to any other procedure otherwise available under law. SECTION 3. That new subsections .012, .014, and .016 be, and the same are hereby added to Section 17.08.439 of Chapter 17.08 of Title 17 of the Anaheim Municipal Code to read as follows: .012 At the public hearing the City Council shall 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 or overruled as provided in subsection .014 hereof, determine to establish the Facilities Plan. If established, the City Council shall adopt a resolution describing the boundaries of the area of benefit, the actual or estimated cost of the facilities, and the method of fee apportionment. .014 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 included in the area of benefit, and sufficient protests are not withdrawn nor the boundaries of the area of benefit revised so as to reduce the area represented by the protests to less than one-half of the area to be included in the Facilities Plan, then the proposed proceedings shall be abandoned unless the City Council overrules such majority protest by the affirmative vote of four-fifths of its total members in which event the City Council may proceed to adopt the Facilities Plan. .016 The procedure set forth in this section shall be an alternative to any other procedure otherwise available under law. SECTION 4. 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. -5- SECTION 5. 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 26th day of August, 1986. ATTEST: CLERK OF THE C "OF M 1273V 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. 4748 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 12th day of August, 1986, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 26th day of August, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4748 on the 26th day of August, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 26th day of August, 1986.x^ 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. 4748 and was published once in the Anaheim Bulletin on the 5th day of September, 1986. IMP