4544FOLLOWS:
ORDINANCE NO. 4544
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
NEW SECTION 17.08.434 TO CHAPTER 17.08 OF
TITLE 17 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO SUBDIVISIONS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That new Section 17.08.434 be, and the same is hereby,
added to Chapter 17.08 of Title 17 of the Anaheim Municipal Code
to read as follows:
"17.08.434 SUPPLEMENTAL IMPROVEMENTS AND FEES --
POLICE PROTECTION FACILITIES
.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 or protected by existing police
protection facilities, the City Council may by resolution
establish a police protection facilities plan for the
providing of new police protection facilities for said
area. The term 'police protection facilities' as used
herein shall include the land, structures and equipment
as determined by the City Council to be reasonably
necessary to provide adequate police protection for the
area of benefit. Said police protection facilities plan
shall establish the boundaries of the area of benefit,
the actual or estimated cost of said facilities, and the
method of apportionment of the cost of said facilities.
.020 The City shall require a subdivider
or developer of property (hereinafter referred to jointly
as 'subdivider') to pay such fees as established in the
police protection facilities 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 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.
Any fees collected by the City pursuant to this Section
shall be deposited in a police protection facilities fund
for the benefit area and shall be expended only for the
purposes set forth in the police protection facilities
plan for such benefit area.
.030 The City may require that a
subdivider install or furnish all or any portion of the
facilities specified in said police protection 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
subdivider, and that said facilities be 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 subdivider is required to
install, furnish or finance the cost of facilities which
include facilities of a supplemental size, capacity or
number for the benefit of property any portion of which
is outside the boundaries of said subdivision or property
being developed, but within an established area of
benefit, the City shall enter into a reimbursement
agreement with such subdivider to reimburse such
subdivider from fees received by the City pursuant to
subsection .020 above for that portion of the actual cost
of said facilities in excess of said subdivider's pro
rata share thereof as determined pursuant to the
provisions of said police protection facilities plan.
.050 Prior to establishing any area of
benefit or police protection 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, or alternatively, from such
other records of the assessor or the tax collector as
contain more recent addresses. 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.
-2-
.060 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 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."
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. 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 2nd day of October, 1984.
MAYOR OF E CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:fm
2802M
7/18/84
IWIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance No. 4544 was introduced at a regular meeting of the
City Council of the,City of Anaheim, held on the 18th day of September, 1984,
and that the same was duly passed and adopted at a regular meeting of said �y J
City Council held on the 2nd day of October, 1984, by the following vote of
the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Pickler
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4544 on the 2nd day of October, 1984.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 2nd day of October, 1984. C'
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 to the original Ordinance No. 4544 and was published once in the
Anaheim Bulletii4 on the 12th day of October, 1984.
CITY.CLERK