5745ORDINANCE NO. 5745
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 18.04.080 OF CHAPTER 18.04 OF TITLE 18
OF THE ANAHEIM MUNICIPAL CODE RELATING TO SITE
DEVELOPMENT STANDARDS - DEDICATION AND
IMPROVEMENTS
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That Section 18.040.080 of Chapter 18.04 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
".005 Street and Other Right -of -Way Dedication and
Improvement Required. Anticipating that changes will occur
in the local neighborhoods and the City generally, as a
result of noise as well as activities associated with the
city's development and growth, the following dedications
and improvements are deemed to be necessary to prevent
congestion and other hazards that are related to the
intensified use of the land and to preserve the public
health, safety and general welfare. These requirements
shall be met or complied with before any building permits
are issued for development of the property except as
otherwise specifically set forth herein:
.010 Dedications of Right -of -Way. The right-of-way for
all streets, highways, sewers, storm drains, alleys and
trails which abut or cross the subject property shall be
dedicated to the full width required by the City Engineer
in accordance with the City of Anaheim standard plans as
adopted; provided, however, that no dedication shall be
required to widen a major or primary street to the
additional width required to meet the Critical
Intersections standard. The provisions of the preceding
sentence shall not affect or modify any setbacks otherwise
required by this Code. It is the intention of this section
that required setbacks be measured from the ultimate
right-of-way shown on the general plan, including the
Critical Intersection standard applicable to the property.
.020 Improvement of Right -of -Way. Prior to issuance of
occupancy permits, all street, highway, sewer, storm drain,
street light, CATV, alley, trail improvements, parkway
landscaping and median island landscaping shall have been
installed, removed and reconstructed, and/or be in good
repair, or improvement plans shall be required to be
prepared to City of Anaheim standards and such improvements
constructed, removed and reconstructed at their ultimate
locations, or repaired. A faithful performance bond in a
form approved by the City Attorney and in an amount to be
determined by the City Engineer shall be posted to
guarantee the construction of the required improvements.
When the City Engineer has determined in the interest
of public health, safety and general welfare that some or
all of the improvements required by the preceding paragraph
should be delayed until a future date, the obligations
imposed by the preceding paragraph may be fulfilled in any
of the following ways:
a. Where the future date is known, a faithful
performance bond in the form approved by the City of
Anaheim and in an amount to be determined by the City
Engineer shall be posted to guarantee construction at a
future date; or
b. Where the future date is undetermined, a sum of
money in an amount determined by the City Engineer to be
sufficient to pay for the required improvements shall be
paid to the City of Anaheim. Such payment shall constitute
compliance with the obligations imposed by this Subsection
.020 and shall exonerate the property from the obligations
imposed by this Subsection .020.
Nothing herein shall be construed to relieve any
property of any obligation to comply with any requirements
imposed as a condition of future permits.
Any money received by the City of Anaheim pursuant to
subparagraph b shall be placed in a special fund to be used
solely for the improvement of rights of way including, but
not limited to, improvements to the property for which the
money was paid.
.025 Improvement of Right -of -Way — Critical
Intersections. In the case of properties abutting all or
any portion of an intersection designated on the
Circulation Element of the Anaheim General Plan as a
Critical Intersection, compliance with the obligation
imposed by subsection .020 shall be met by installation of
all required improvements, or payment of a sum of money in
an amount determined by the City Engineer to be sufficient
to pay for all required improvements, except those
improvements of costs related directly to improvements for
the Critical Intersection standards which are in excess of
01)
standards otherwise applicable to the street or highway
being improved. Funds paid pursuant to this subsection
shall be treated the same as those paid under Subsection
.020b.
.030 Street Lighting Facilities. Street lighting
facilities and CATV underground structures shall be
installed prior to issuance of occupancy permits in
accordance with the official street lighting plan and CATV
specifications approved by the General Manager of the
Public Utilities Department. A performance bond shall be
required in an amount established by the General Manager
and in a form approved by the City Attorney to cover the
installed cost of the facilities required. In lieu of the
installation of street lighting facilities, the General
Manager may require street lighting fees on a front -foot
charge basis for any abutting street or highway in an
amount to recover the estimated cost for the street
lighting facilities required in accordance with the
official street lighting plan approved by the General
Manager. The requirement for installation or payment of
street lighting facilities front -foot fee may be waived by
the General Manager if the subject property has previously
been assessed a fee for the street lighting facilities, but
none were installed due to the existing street lighting
system complying with the official street lighting plan
approved by the General Manager.
.050 Public Utility Easements. Public utility
easements necessary to serve the subject property and/or
area in which the subject property is situated shall be
dedicated to the City in accordance with the requirements
of the Utilities General Manager.
Electrical utilities shall be placed underground and
dedicated to the City of Anaheim in accordance with the
requirements of the Utilities General Manager prior to
issuance of occupancy permits.
.060 Fire Protection Facilities. Necessary fire
protection facilities shall be provided for in accordance
with the requirements of the Fire Chief prior to issuance
of occupancy permits or at such other time as required by
the Fire Chief.
.070 Exemptions.
.071 The following building permits are exempt from
the requirements imposed by subsection .010 of this
section:
3
(a) Building permits for interior modifications of
buildings or structures which do not increase the usable
square footage of the building;
(b) Building permits for replacement of an existing
structure that is to be demolished or that has been
destroyed by fire, earthquake or other calamity, to the
extent the replacement structure does not increase usable
square footage;
(c) Building permits for any expansion of an existing
single-family residence.
.072 The following building permits are exempt from
the requirements imposed by subsections .020 through .060
of this section, inclusive:
(a) Building permits for interior modifications of
buildings or structures which do not increase the usable
square footage of the building;
(b) Building permits for replacement of an existing
structure that is to be demolished or that has been
destroyed by fire, earthquake or other calamity, to the
extent the replacement structure does not increase usable
square footage;
(c) Building permits wherein a minor addition is
being added to an existing structure or building. "Minor
addition" shall include an expansion of a single-family
residence or any expansion of a commercial, multiple -family
residence or industrial use wherein the square footage of
all buildings on the property is being expanded by 1,000
square feet or less within any two-year period.
.080 Variances. The Planning Commission may grant
variances from any of the requirements imposed by
subsections .010 through .060 of this Section 18.04.080 in
accordance with the procedures established in Chapter 18.03
of this Code for the processing of variances except that
the findings set forth in Section 18.03.040.030 thereof
shall not be required and provided that before any such
variance is granted by the Planning Commission, it shall be
shown that either:
(a) There is no reasonable relationship between the
need for the required dedication and improvements and the
type of development project on which such requirements are
imposed; or
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(b) The cost of the required dedication and
improvements unreasonably exceeds the burden or impact
created by the development project."
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance 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 ordinance independent of the elimination
herefrom of any such portion as may be declared invalid.
SECTION 3. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal 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.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this12th da of December , 2 0 0 0.
MA( OR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERRC OF THECIT�HEIM
34026.1
5
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5745 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 5th day of December, 2000, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 12th day of December, 2000, by the
following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS:
NOES: MAYOR/COUNCIL MEMBERS:
ABSENT: MAYOR/COUNCIL MEMBERS:
(SEAL)
__._ _ __.T._._____T__e-. _ _.__.- --_ __
Feldhaus, Kring, Tait, McCracken, Daly
None
None
CITY &F THE CITY OF ANAHEIM