2660ORDINANCE NO. 2660
AN ORDINANCE OF THE CITY OF ANAHEIM,
AMENDING TITLE 17, CHAPTER 17.08, OF
THE ANAHEIM MUNICIPAL CODE BY ADDING
THERETO SECTIONS 17.08.530 TO 17.08.539,
INCLUSIVE RELATING TO ESTABLISHING
REGULATIONS FOR DEDICATION OF LAND,
PAYMENT OF FEES, OR BOTH, FOR PARK
AND RECREATIONAL LAND IN SUBDIVISIONS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
That Title 17, Chapter 17.08 of the Anaheim
Municipal Code be and the same is hereby amended by
adding thereto Sections 17.08.530 to 17.08.539 both inclusive,
reading as follows:
"SECTION 17.08.530 RECITALS.
"The City Council does hereby find, determine and
declare as follows:
"(a) In 1965, the Legislature of the State of
California, amended the Subdivision Map Act
(Section 11500 et seq. of the California Business
and Professions Code) so as to enable cities and
counties to require either the dedication of land,
the payment of fees or a combination of both, for
park and recreational purposes as a condition of
approval of a subdivision map; and
"(b) Before a city may avail itself of said Act,
it must have a general plan containing a
recreational element with definite principles
and standards for the park and recreational
facilities to serve the residents of the City;
and
"(c) The City Council of the City of Anaheim has
adopted a general plan containing such recreational
element.
°SECTION 17.08.531 SUBDIVIDERS MUST PROVIDE PARK
AND—RECREATIONAL FAC—I'LITIES ..
"Every subdivider who subdivides land shall dedicate
a portion of such land, pay a fee, or do both, as
set forth in this ordinance for the purpose of
providing park and recreational facilities to serve
future residents of each subdivision.
"SECTION 17.08.532 APPLICATION
The provisions of this Ordinance shall apply to all
subdivisions; as that phrase is used in Section 11500
et seq. of the Business and Professions Code of the
State of California, except subdivisions for which
tentative subdivision maps have been filed within
thirty (30) days after the effective date of this
Ordinance, and industrial subdivisions.
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"SECTION 17.08.533 RELATION OF LAND REQUIRED TO
POPULATION DENSITY.
"It is hereby found and determined that the public
interest, convenience, health, welfare and safety
require that one and one-half (1-1/2) acres of
property, for each one thousand (1,000) persons
residing within this City, be devoted to park
and recreational purposes.
"SECTION 17.08.534 POPULATION DENSI'T'Y
"Population density for the purpose of this Ordinance
shall be determined in accordance with the July 1,
1968, Report and Recommendations for the City of
Anaheim Parks and Recreation Capital Improvements
prepared by the Parks and Recreation Subcommittee
of the Recreation and Cultural Arts Capital
Improvement Committee, to wit:
(a) Single family dwelling units and
duplexes = 4.0 persons per dwelling
unit; and
(b) Multiple family dwelling units = 2.4
persons per dwelling unit; and
(c) Mobile home dwelling unit = 1.9 persons
per dwelling unit.
The basis for determining the total number of
dwelling units shall be the number of such units
permitted by the City on the property included in
the subdivision at the time the final subdivision
tract map is filed with the City Council for approval.
"SECTION 17.08.535 AMOUNT OF LAND TO BE DEDICATED
"The amount of land required to be dedicated by a
subdivider pursuant to this Ordinance, shall be:
(a) Per single family unit - 261.4 square feet
(b) Per Multiple family unit - 156.8 square feet
(c) Per mobile home dwelling unit - 124 square feet
The above listed amounts of land shall be based on the
following formula:
Amount of Land = ( S )
per D.U. (r, 00 )P
S = Park Standard
P = Population density per dwelling unit
Values used for determining amounts of land per dwelling
unit:
S = 1.5 acres or 65,340 square feet per 1,000
population
P = 4.0 persons/single dwelling unit
P = 2.4 persons/multiple dwelling unit
P = 1.9 persons/mobile home dwelling unit
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"SECTION 17.08.536 AMOUNT OFFEE IN LIEU OF LAND
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DEDICATION.
"Where a fee is required to be paid in lieu of land
dedication, the amount of such fee shall be:
(a) Per single family unit - $250 x 1/2
(b) Per multiple family unit - $150 x 1/2
(c) Per mobile home unit - $100 x 1/2
The above listed fees shall be based on the following
formula:
IN LIEU FEE FORMULA:
FEE _ (L + D) SP X 1/2
L = Acreage land acquisition cost per acre
D = Average basic park development cost per acre
S = Park standard
P = Population density per dwelling unit
Values used for determining the recommended in -lieu
fees:
L = $28,000 per acre
D = $13,500 per acre
S = 1.5 acres per 1,000 population
P = 4.0 persons/ single dwelling unit
P = 2.4 persons/ multiple dwelling unit
P = 1.9 persons/ mobile home dwelling unit
"SECTION 17.08.537 CHOICE OF LAND OR FEE
(a) Procedure The procedure for determining whether
tie sUa eider is to dedicate land, pay a fee,
or both, shall be as follows:
(1) Subdivider At the time of filing a tentative
tract map for approval, the owner of the
property shall, as a part of such filing,
indicate whether he desires to dedicate
property for park and recreational purposes,
or whether he desires to pay a fee in lieu
thereof. If he desires to dedicate land for
this purpose, he shall designate the area
thereof on the tentative tract map as submitted.
(2) Action of City At the time of the tentative
tractinap_approval, the City Council shall
determine as a part of such approval, whether
to require a dedication of land within the
subdivision; payment of a fee in lieu thereof,
or a combination of both.
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(3) Prerequisites for Approval of Final Map Where
dedica£ion i required, t +sh—al:l be accomplished
in accordance with the provisions of the Sub-
division Map Act. Where fees are required the
same shall be deposited with the City prior to
the approval of the final tract map. Open space
covenants for private park or recreational
facilities shall be submitted to the City prior
to approval of the final tract map and shall
be recorded contemporaneously with the final map.
(b) Determination. Whether the City Council accepts
Lana--eaicaYon or elects to require payment of
a fee in lieu thereof, or a combination of both,
shall be determined by consideration of the following:
(1) Recreational element of the City's general
plan; and
(2) Topography, geology, access and location of
land in the subdivision available for dedica-
tion; and
(3) Size and shape of the subdivision and land
available for dedication.
The determination of the City Council as to whether land
shall be dedicated, or whether a fee shall be charged,
or a combination thereof, shall be final and conclusive.
On subdivisions involving fifty (50) lots or less, only
the payment of fee shall be required.
"SECTION 17.08.538 TIME OF COMMENCEMENT MUST BE DESIGNATED.
"At the time the final tract map is approved, the City
Council shall designate the time when development of the
park and recreational facilities shall be commenced.
"SECTION 17.08.539 LIMITATION ON USE OF LAND AND FEES.
"The land and fees received under this ordinance shall
be used only for the purpose of providing park and
recreational facilities to serve the subdivision for
which received and the location of the land and the
amount of fees shall bear a reasonable relationship to
the use of the park and recreational facilities by the
future inhabitants of the subdivision.
SECTION 2
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, printed, published and
circulated in said City, and thereby (30) days from and after
its final passage, it shall take effect and be in full force.
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THE FOREGOING ORDINANCE is approved and signed by me
this 8 � _ day of _A ri.l. _ 19---69--.
MAYOR OF HE CITY—OF ANAHEIM
ATTEST:
I Y CLERK OF �CITOFNAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF ANAHEIM )
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Ordinance was introduced at
a regular meeting of the City Council of the City of
AnWeim heTil on " the lst day of Ap19 c�, and
that the same was passed} and adopted at a regular meeting
of said City Council held on the 8th day of ri.
19 69 , by the following vote of a members thereo
AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Ordinance on the Rth day of
_April _.. 19--.6-9--
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this ! Rth
day of _..�.�ril ._.._ m• 19��.
I Y CLE T� C TY OF ANAHEIM
( SEAL )
I, DENE M. WILLIAMS, CITY CLERK OFTHF CITY C
DO HEREGY OLRI,FY THAT THE P-GREG-jINu -E IS
0 WAS
THE ORiG,w+L O.{r,Iw�,rVCE NO..__.2.____66--._�
PULM J -',Eu ON, -E ?N THE-Amaim B �1L-1 Pt.in _
oar T _ 18th Da'r o� Aprils -1.9.6--' —
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