4913FOLLOWS:
ORDINANCE NO. 4913
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING SECTIONS 17.08.210,
17.08.240, 17.08.250, 17.08.2609 17.08.270,
AND REPEALING SECTIONS 17.08.350, 17.08.370,
17.08.380 AND ADDING SECTIONS 17.08.265,
17.08.275, 17.08.285 TO CHAPTER 17.08; AND
ADDING CHAPTER 17.34; AND AMENDING SECTIONS
17.08.310, 17.08.340 AND 17.08.360 AND
RENUMBERING THEM AS SECTIONS 17.34.010,
17.34.020 AND 17.34.030 AND ADDING THERETO
SECTION 17.34.040 TO TITLE 17 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO PARKS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
fiFCTTnN 1
That Sections 17.08.2101 17.08.240, 17.08.250, 17.08.260
and 17.08.270 of Chapter 17.08 of Title 17 of the Anaheim
Municipal Code be, and they are hereby, amended to read as follows:
"17.08.210 SUBDIVIDERS MUST PROVIDE PARK AND
RECREATIONAL FACILITIES
Every subdivider who subdivides land
shall irrevocably offer to dedicate a portion of such
land and pay a fee for development thereof, or pay a fee
in lieu of dedication and the development fee, as set
forth in Sections 17.08.200 through 17.08.290, for the
purpose of providing park and recreational facilities to
serve the future residents of each tract.
17.08.240 POPULATION DENSITY
Population density for the purpose of
Sections 17.08.200 through 17.08.290 shall be determined
in accordance with the following schedule of densities by
dwelling unit as derived from the most recent available
Federal Census:
.010 Single family dwelling units and
duplexes = 3.30 persons per dwelling unit.
.020 Condominium dwelling units = 2.43
persons per dwelling unit.
.030 Multiple family dwelling units = 2.22
persons per dwelling unit
.040 Mobilehomes dwelling unit = 1.70
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 a
subdivision at the time the final subdivision tract map
is filed for approval.
17.08.250 AMOUNT OF LAND TO BE DEDICATED AND
DEVELOPMENT FEE
The amount of land required to be
dedicated by a subdivider pursuant to Sections 17.08.200
through 17.08.290 shall be:
.010 Per single family unit, 282.3 square
feet.
.020 Per condominium dwelling unit, 203.9
square feet.
.030 Per multiple family unit, 183.0
square feet.
.040 Per mobilehome dwelling unit, 143.7
square feet.
The above -listed amounts of land
shall be based on the following formula:
Amount of land per dwelling unit = (S) P
1,000
S = Park standard
P = Population density per dwelling unit
Values used for determining amounts
of land per dwelling unit:
S = 2.0 acres or 87,120 square feet per 1,000 population
P = 3.30 persons/single dwelling unit
P = 2.43 persons/condominium dwelling unit
P = 2.22 persons/multiple dwelling unit
P = 1.70 persons/mobilehome dwelling unit
In addition to the dedication of
land, the City Council annually shall establish the
amount of fees to be paid to develop the parks in
accordance with the following formula:
(D)SP
1,M
D = Development cost per acre
S = Standard (master planned) acreage per dwelling unit
P = Persons per dwelling unit
-2-
Values used for determining the
amount of the fees:
D = As established by resolution and updated annually,
according to cost inflation measured by the
- Construction Price Index
S = 2.0 acres per 1,000 population
P = 3.30 persons/single dwelling unit
P = 2.43 persons/condominiums dwelling unit
P = 2.22 persons/multiple dwelling unit
P = 1.70 persons/mobilehome dwelling unit
In applying the formula above, no
credit shall be allowed for private open space in the
subdivision.
17.08.260 AMOUNT OF FEE IN LIEU OF LAND DEDICATION
AND DEVELOPMENT FEE
Where a fee is required to be paid in
lieu of land dedication and a development fee, the amount
of such fee shall be established annually by the City
Council by resolution. The fees shall be based on the
following formula:
In -Lieu Fee Formula
(L+D)SP
1,000
L = Land (average acquisition cost per acre) updated
annually based upon a yearly opinion of value by the
City Engineer's Office
D = Development cost per acre, updated annually by
Construction Price Index
S = Standard (master planned) acreage per dwelling unit
P = Persons per dwelling unit
Values used for determining the
recommended in -lieu fees:
L = As established by annual resolution
D = As established by annual resolution
S = 2.0 acres per 1,000 population
P = 3.30 persons/single dwelling unit
P = 2.43 persons/condominiums dwelling unit
P = 2.22 persons/multiple dwelling unit
P = 1.70 persons/mobilehome dwelling unit
-3-
17.08.270 CHOICE OF LAND OR FEE
.010 Procedure. For subdivisions of fifty
(50) lots or less, only the payment of the in -lieu fee
shall be accepted. In all other cases, the procedure for
determining whether the subdivider is to dedicate land,
and pay a development fee or pay a fee in lieu thereof
shall be as follows:
.0101 Action of City. At the time of the
tentative tract map approval, the advisory agency shall
determine, as a part of such approval, whether to require
a dedication of land and payment of a development fee or
a payment of a fee in lieu thereof.
.0102 Prerequisites for Approval of Final
Tract Map. Where dedication and fees are required, it
shall be accomplished in accordance with the provisions
of the Subdivision Map Act. Where area fees are
required, the same shall be deposited with the City upon
approval of a Final Tract Map.
The determination of the advisory
agency as to whether land shall be dedicated and payment
of development fees required or whether a fee in lieu
thereof shall be charged, shall be final.
.020 Determination. Land offered for
dedication pursuant to Sections 17.08.200 through
17.08.290 shall meet the criteria established in the
Local Park Site Selection Criteria Policy.
SECTION 2.
That Sections 17.08.265, 17.08.275, 17.08.285 be, and
they are hereby, added to Chapter 17.08 of Title 17 of the Anaheim
Municipal Code to read as follows:
"17.08.265 ACCESS
All land offered for dedication for local
park or recreational purposes shall have access to at least
one existing or proposed public street. This requirement may
be waived by the City Council if the City Council determines
that public street access is unnecessary for maintenance of
the park area or use thereof by residents.
17.08.275 PARK PROVISION AGREEMENT
.010 Procedure. As an alternative to parkland
dedication and payment of a development fee or payment of an
in -lieu fee, a park provision agreement may be entered into by
the Subdivider and the City. Under the terms of such an
agreement, a subdivider may develop and dedicate parkland or
pay the cost thereof, in lieu of, and as a credit against, any
other obligations established in Sections 17.08.200 through
-4-
17.08.290 in effect at the time the agreement entered into,
provided that the parkland created by the agreement is
consistent with the City's adopted Local Park Site Selection
Criteria Policy.
.020 Determination. The decision to enter into
a park provision agreement with a subdivider shall be within
the discretion of the advisory agency.
17.08.285 SALE OF DEDICATED LAND
If during the ensuing time between
dedication of land for park purposes and commencement of
first -stage development, circumstances arise which indicate
that another site would be more suitable for local park or
recreational purposes serving the subdivision and the
neighborhood (such as receipt of a gift of additional park
land or a change in school location), the land may be sold
upon the approval of the City Council with the resultant funds
being used for the purchase of a more suitable site."
SECTION 3.
That Sections 17.08.350, 17.08.370 and 17.08.380 of
Chapter 17.08 of Title 17 of the Anaheim Municipal Code be, and
the same are hereby, repealed.
SECTION 4.
That new Chapter 17.34 be, and it is hereby, added to
Title 17 of the Anaheim Municipal Code and that Sections
17.08.310, 17.08.340 and 17.08.360 of Chapter 17.08 be, and they
are hereby, amended and renumbered to read as follows:
"CHAPTER 17.34
DEVELOPMENT FEES
17.34.010 PROVISION FOR PARK AND RECREATIONAL
FACILITIES
Prior to issuance of a building
permit, every property owner who constructs or installs
fifty (50) dwelling units or less in residential areas
shall pay a fee, as established by the City Council by
resolution for the purpose of providing park and
recreational facilities to serve the needs of the
residential area.
17.34.020 POPULATION DENSITY
Population density for the purpose
of Sections 17.34.010 through 17.34.030 shall be
determined in accordance with the following schedule of
densities by dwelling unit as derived from the most
recent available Federal Census:
-5-
.010 Single family dwelling units and
duplexes = 3.30 persons per dwelling unit.
.020 Condominium dwelling unit = 2.43
persons per dwelling unit.
.030 Multiple family dwelling units =
2.22 persons per dwelling unit.
.040 Mobilehomes dwelling unit = 1.70
person per dwelling unit.
17.34.030 AMOUNT OF FEE
Where a fee is required to be paid,
the amount of such fee shall be established by
resolution.
following formula:
The fees shall be based on the
(L+D) SP
11�
L = Land (average acquisition cost per acre) updated
annually based upon a yearly opinion of value by the
City Engineer's Office
D = Development cost per acre updated annually by
Construction Price Index
S = Standard (master planned) acreage per dwelling unit
P = Persons per dwelling unit
Values used for determining the fees:
L = As established by annual resolution
D = As established by annual resolution
S = 2.0 acres per 1,000 population
P = 3.30 persons/single dwelling unit
P = 2.43 persons/condominium dwelling unit
P = 2.22 persons/multiple dwelling unit
P = 1.70 persons/mobilehome dwelling unit"
That new Section 17.34.040 be, and the same is hereby,
added to Chapter 17.34 of Title 17 of the Anaheim Municipal Code
to read as follows:
"17.34.040 APPLICATION OF FEES
Sections 17.34.10 through 17.34.030
shall apply to building permits for mobilehome parks,
apartments, condominiums and other residential
developments not a part of a subdivision for which
dedication of parkland and/or development fees were
imposed and paid as a condition of subdivision approval."
SECTION S. 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 6. 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.
SECTION 7. 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 29th day of March, 1988.
ATTEST:
�m
CITY CLERK OF THE CITY OF ANAHEIM
JWF:jb
2208L
011288
-7-
CLERK
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. 4913 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 15th day of March, 1988, and
that the same was duly passed and adopted at a regular meeting of said City
Council held on the 29th day of March, 1988, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood and Pickler
NOES: COUNCIL MEMBERS: Bay
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4913 on the 1st day of April, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this lst day of April, 1988.
CITY CLERK OF THE CITY OF ANAHE
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original Ordinance No. 4913 and was published once in the
Anaheim Bulletin on the 8th day of April, 1988.
CITY CLERK