3743ORDINANCE N0. 3743
AN ORDINANCE OF THE CITY OF ANAHEIM REPEAL-
ING SECTIONS 17.08.400, 17.08.410, 17.08.420,
17.08.425, 17.08.430, AND 17.08.440 OF TITLE
17, CHAPTER 17.08 OF THE ANAHEIM MUNICIPAL
CODE AND ADDING NEW SECTIONS 17.08.400,
17.08.410, 17.08.420, 17.08.425, 17.08.430,
AND 17.08.440 IN ^1HEIR PLACE AND STEAD
RELATING TO SUBDIVISIONS AND DECLARING THE
URGENCY THEREOF.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
AS FOLLOWS:
SECTION 1.
That Sections 17.08.400, 17.08.410, 17.08.420,
17.08.425, 17.08.430, and 17.08.440 of Title 17, Chapter
17.08 of the Anaheim Municipal Code be, and the same are here-
by, repealed.
SEC^1ION 2.
That new Sections 17.08.400, 17.08.410, 17.08.420,
17.08.425, 17.08.430, and 17.08.440 of Title 17, Chapter
17.08, be, and they are hereby, added to the Anaheim iunicipal
Code to read as follows:
17.08.400 DRAINAGE FACILITIES --PAYMENT
OF FEES REQUIRED.
Prior to approval of any final tract map or
parcel map, or prior to the issuance of a grading
permit or building permit, if no parcel or tract
map is required, the subdivider or developer
shall pay or cause to be paid such fees as estab-
lished by Resolution of the City Council for the
purpose of defraying the actual or estimated costs
of constructing planned drainage facilities for
the removal of surface and storm waters from anv
drainage areas established by the City. ^
17.08.410 ESTABLISH IE_IT OF DRAINAGE AREAS.
Pursuant to Section 66483 of the Government
a-_ Code, the City of Anaheim has heretofore, adoptee
a drainage plan for each of those certain drainage
areas as more particularly described in the easter
Plan for Drainage adopted by the City Council of
Cie City of Anaheim on January 15, 1974, by Resolution
No. 74R-11. The plan for each such crainage area
contains an estimate of the total costs of construc-
ting the local drainage facilities requires by the
plan and a reap of such area shuv7ing its boundaries and
the location of such facilities.
-1-
17.08. UO BRIDGE CROSSINGS i il'iD
TrOROUG-FAP S - PURPOSE.
The purpose of this section is to make pro-
vision for assessing and collecting fees as a
condition of approval of a final tract map or
parcel nap or as a condition of issuing a build-
ing permit for th.e purpose of cefrayincr the
actual or estimated costs of constructing bridges
or major thoroughfares pursuant to Section 66484-
of
6434of the Government Code.
17.08.425 BRIDGE CROSSINGS P14D THOROUGHAFARES -
FUNDING PROCEDURES.
No charge, area of benefit or local benefit
district shall be established for the purpose of
defraying the, actual or estimated cost of construc-
ting bridges over waterways, railways, freeways,
and canyons, or constructing major thoroughfares
unless and until a public hearing in accordance
with the provisions of Section 66484 of the
Government Code of the State of California is
held thereon by the City Council and the City
Council finds that the fee or charge and the area
of benefit or local benefit district is reasonably
related to the cost of such supplemental improve-
ments and the actual ultimate beneficiaries
thereof.
In addition to the notice required by this
section, written notice of the hearing shall be
given to the subdivider and to those who own
property within the proposed area of benefit as
shown on the latest equalized assessment roll, and
the potential users of the supplemental improvements
insofar as they can be ascertained at the time.
Such notices shall be mailed by the City Clerk at
least ten (10) days prior to the date established
for hearing.
17.0 8.4 30 SUPPI EMIENT I-TAPROVE11TENTS - DRAINAGE
SEWERAGE, BRIDGES AND 1 aAJOR THOROUGHFARES.
In those areas where the City has adopted a
local drainage or sanitary sewer plan and map as
required for the imposition of fees therefor, or
:W=
has established an area of benefit for bridges
or major thoroughfares as provided in this Chapter,
the City may impose a reasonable charge as
established by Resolution of the City Council on
property within the area benefited and may provide
for the collection of said charge as set forth in
this Chapter and applicable provisions of the
Subdivision Map Act. The City may enter into
reimbursement agreements with a subdivider who
constructs said facilities, bridges or thorough-
fares and the charges collected by the City
therefor may be utilized to reimburse the subdivider
as set forth herein.
The subdivider may be required to install
improvements for the benefit of the subdivision
which may contain supplemental size, capacity or
number for the benefit of property not within the
subdivision as a condition precedent to the
approval of a subdivision or parcel map, and there-
after to dedicate such improvements to the public.
However, the subdivider shall be reimbursed for
that portion of the cost of such improvements equal
to the difference between the amount it would have
cost the subdivider to install such improve lents -to
serve the subdivision only and the actual cost of
such improvements pursuant to the provisions of the
Subdivision map Act.
17.08.440 FEES AND PERMITS.
Fees and permits shall be paid or acquired for
map filing, map checking, inspection, inspection of
construction, sewer installation, assessment for
recreational facilities, street trees, water fees
or the bonding therefor shall be as established by
City Council resolution.
SECTION 3. Declaration of Urgency.
The City Council of the City of Anaheim hereby
declares that this ordinance is necessary as an emergency
measure for the immediate preservation of the public peace,
health and safety. The reasons for the urgency of this
ordinance are as follows: The City of Anaheim has heretofore
adopted a Master Plan for Drainage and has established fees
for certain adopted drainage areas and has entered into
reimbursement agreements for said areas. Recent amendments
to the Subdivision Map Act, however, specify that said fees
can only be required if the City has adopted an ordinance
making specific reference to said drainage plans and con-
forming to the requirements of Government Code Section 66483.
-3-
Since the Anaheim Municipal Code does not currently so pro-
vide, this ordinance is iru:iediately necessary to enable the
City to continue to collect said drainage fees, to honor
existing and future reimbursement agreements entered into
by the City,, and to assure the continued development of
drainage facilities in accordance with the Baster Plan :for
Drainace.
SECTION 4.
SEVERABILITY. The City Council of the City of Anaheiz.
hereby declares that should any section, paragraph, sentence or
word of this chapter 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 chapter indepen-
dent of the elimination herefrom of any such portion as may be
declared invalid.
SECTION 5.
The City Clerk small 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, printed, published and
circulated in said City, and immediately upon and after its
adoption, it shall take effect and be in full force.
THE FOREGOING ORDINANCE is approved and signed by me
this 26th day of July , 1977.
ATTEST:
f
CITY CLERK OF THt CITY OF ZU AHEIM
JLYY : jh
QC
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing Ordinance No. 3743 was introduced at a regular meeting of
the City Council of the City of Anaheim, held on the 26th day of July, 1977, and
that the same was duly passed and adopted at a regular meeting of said City
Council held on the 26th day of July, 1977, by the following vote of the members
thereof: has an urgency measure,
AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Seymour
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and
signed said Ordinance No. 3743 on the 26th day of July, 1977.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the City of Anaheim this 26th day of July, 1977.
CITY CLERK OF THE C TY OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing is the original.prdinance No. _3743 and was published once in
the Anaheim Bulletin on the lith day of August, 1977.
CITY CLERK
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