5977ORDINANCE NO. - 5977
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO LAND DEVELOPMENT AND RESOURCES
WHEREAS, the City Council of the City of Anaheim heretofore adopted
Ordinance No. 5966 adding, repealing and amending various provisions of Titles 16 and 17 of
the Anaheim Municipal Code; and
WHEREAS, said ordinance contains certain minor errors and omissions which the
City Council desires to correct by the adoption of this ordinance, nunc pro tunc.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
HEREBY ORDAINS AS FOLLOWS:
SECTION 1.
That subsection .080 of Section 17.04.0 10 of Chapter 17.04 of Title 17 of the
Anaheim Municipal Code be, and the same is hereby, amended, nunc pro tunc, to read as
follows:
".080 `Registered Civil Engineer' is a person who practices or offers to practice civil
engineering and who is licensed to do so by the State of California."
SECTION 2.
That subsection .010 of Section 17.04.095 of Chapter 17.04 of Title 17 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".010 Upon approval of the application, receipt of the permit fee and deposit for
inspections, the City Engineer is authorized to issue the permit subject to conditions the City
Engineer shall impose to protect the public and private property, including conditions set forth on
the plans or permit form. The permittee shall retain the permit at the site of the work and present
it to the City personnel upon demand."
SECTION 3.
That subsection .020 of Section 17.04.114 of Chapter 17.04 of Title 17 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
.020 Final Lot Certification. Upon completion of the work and prior to issuance of the
final Certificate of Occupancy for the site or development, the City Engineer shall require
submittal of the following reports and drawings and any supplements thereto:
.0201 An As -Graded grading plan prepared by the Civil Engineer including
original ground surface elevations, as -graded ground surface elevations, lot drainage patterns and
locations and elevations of all surface and subsurface public or private drainage facilities, private
streets, and private sewers. The Civil Engineer shall provide certification that the work has been
completed in accordance with these final As -Graded plans;
.0202 A final Soil Report prepared by the licensed Soil Engineer including
locations and elevations of field density tests, summaries of field and laboratory tests, final
description of the soils of the site, and other substantiating data and comments on any changes
made during grading and their effect on the recommendations made in the original report. The
Soil Engineer shall provide certification as to the adequacy of the site for the intended use."
SECTION 4.
That subsection .020 of Section 17.04.2 10 of Chapter 17.04 of Title 17 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".020 If the work is not prosecuted with due diligence to completion, or if the work is
prosecuted in a manner which endangers any adjoining public or private property, or if the work
does not comply with the terms of this chapter, the City Engineer shall notify the permittee, in
writing, and require the permittee, within such time as allowed by the City Engineer, to take such
corrective measures as may be determined by the City Engineer. Upon failure of the permittee to
undertake such corrective measures, the City Engineer may complete or cause to be completed, at
the expense of the permittee, whatever work in necessary to restore the property to a safe
condition. No notice to the permittee shall be required when, in the judgment of the City
Engineer, a hazard to the public exists."
SECTION 5.
That subsection .040 of Section 17.04.230 of Chapter 17.04 of Title 17 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".040 No person shall import or export in excess of one hundred cubic yards of fill or
excavated material from the site without first obtaining approval from the City Engineer of the
haul route for the material."
SECTION 6.
That Section 17.08.240 of Chapter 17.08 of Title 17 of the Anaheim Municipal
Code be, and the same is hereby, amended in its entirety to read as follows:
0
"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 detached dwelling units = 3.56 persons per dwelling unit.
.020 Single family attached dwelling units = 2.80 persons per dwelling unit.
.030 Two -to -four plex dwelling units = 3.93 persons per dwelling unit.
.040 Five or more dwelling units = 3.11 persons per dwelling unit.
.050 Mobilehome dwelling unit = 2.51 persons per dwelling unit.
.060 Notwithstanding subsections .010 through .050 above, all Platinum Triangle
residential units = 1.50 persons per dwelling unit.
The total number of units to be used in calculations required by this chapter shall be the
number of units permitted by the City on the property at the time the final subdivision tract map
is approved by the City."
SECTION 7.
That Section 17.34.030 of Chapter 17.34 of Title 17 of the Anaheim Municipal
Code be, and the same is hereby, amended in its entirety to read as follows:
" 17.34.030 AMOUNT OF FEE.
Where a fee is required to be paid, the amount of such fee shall be established by resolution.
The fees shall be based on the following formula:
(L + D) SP
ENKITIDGE
L = Land (average acquisition cost per acre) updated annually based upon a yearly opinion
of value the City Engineer's Office
D = Development cost per acre updated annually by Construction Price Index
S = Standard (master planned acreage per dwelling unit)
3
P = Persons per dwelling unit
Values used for determining the fees:
L = As established by resolution
D = As established by resolution.
S = 2.0 acres per 1,000 population.
P = 3.56 persons/single family detached unit.
P = 2.80 persons/single family attached unit.
P = 3.93 persons/two-to-four plex units.
P = 3.11 persons/five or more units.
P = 2.51 persons/mobilehome dwelling unit.
P = 1.50 persons/Platinum Triangle dwelling unit, any other provision hereof
notwithstanding."
SECTION 8. SEVERABILITY
The City Council of the City of Anaheim 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 this 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 9. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal or amendment 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 thereof, nor be construed as a waiver
of any tax, license or penalty or of the penal provisions applicable to any violations thereof. The
provisions of the 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.
4
SECTION 10. PENALTY.
Except as may otherwise be expressly provided, any person who violates any
provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be
punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 7 th day of June , 2005, and
thereafter passed and adopted at a regular meeting of said City Council held on the 14th day of
June , 2005, by the following roll call vote:
AYES: Mayor Pringle, Council Member Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Y CLERK OF tHE CITY OF ANAHEIM
58122.2
5
CITd ANAHE
By_ a
MAYOR OF THE F ANAHEIM
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
June 23, 2005
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: June 23, 2005
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
Proof of Publication of
Paste Clipping of
Notice
SECURELY
In This Space
ORDINANCE NO. 5977
AN ORDINANCE OF THE CITY OF P IM AMENDING TITLE 17 OF THE ANAHEIM MUNICIPAL CODE Fir VG TO LAND DEVELOPMENT
AND RESOURCES
WHEREAS, the City Council of the City of Anaheim heretofore adopted Ordinance No. 5966 adding, repealing and amending various provisions of
Titles 16 and 17 of the Anaheim Municipal Code; and
WHEREAS, said ordinance contains certain minor errors and omissions which the City Council desires to correct by the adoption of this ordinance,
nunc pro tunc.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS:
SECTION 1.
That subsection .080 of Section 17.04.010 of Chapter 17.04 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended, nunc
pro tunc, to read as follows:
".080 'Registered Civil Engineer' is a person who practices or offers to practice civil engineering and who is licensed to do so by the State of
California."
SECTION 2.
That subsection .010 of Section 17.04.095 of Chapter 17.04 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read
as follows:
".010 Upon approval of the application, receipt of the permit fee and deposit for inspections, the City Engineer is authorized to issue the permit sub-
ject to conditions the City Engineer shall impose to protect the public and private property, including conditions set forth on the plans or permit form. The
permittee shall retain the permit at the site of the work and present it to the City personnel upon demand."
SECTION 3.
That subsection .020 of Section 17.04.114 of Chapter 17.04 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read
as follows:
020 Final Lot Certification. Upon completion of the work and prior to issuance of the final Certificate of Occupancy for the site or development, the
City Engineer shall require submittal of the following reports and drawings and any supplements thereto:
.0201 An As Graded grading plan prepared by the Civil Engineer including original ground surface elevations, as graded ground surface elevations,
lot drainage patterns and locations and elevations of all surface and subsurface public or private drainage facilities, private streets, and private sewers.
The Civil Engineer shall provide certification that the work has been completed in accordance with these final As Graded plans;
.0202 A final Soil Report prepared by the licensed Soil Engineer including locations and elevations of field density tests, summaries of field and labo-
ratory tests, final description of the soils of the site, and other substantiating data and comments on any changes made during grading and their effect
on the recommendations made in the original report. The Soil Engineer shall provide certification as to the adequacy of the site for the intended use."
SECTION 4.
That subsection .020 of Section 17.04.210 of Chapter 17.04 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read
as follows:
".020 If the work is not prosecuted with due diligence to completion, or if the work is prosecuted in a manner which endangers any adjoining public
or private property, or if the work does not comply with the terms of this chapter, the City Engineer shall notify the permittee, in writing, and require the
permittee, within such time as allowed by the City Engineer, to take such corrective measures as may be determined by the City Engineer. Upon failure
of the permittee to undertake such corrective measures, the City Engineer may complete or cause to be completed, at the expense of the permittee,
whatever work in necessary to restore the property to a safe condition. No notice to the permittee shall be required when, in the judgment of the City En-
gineer, a hazard to the public exists."
SECTION S.
That subsection .040 of Section 17.04.230 of Chapter 17.04 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read
as follows:
".040 No person shall import or export in excess of one hundred cubic yards of fill or excavated material from the site without first obtaining appro-
val from the City Engineer of the haul route for the material."
SECTION S.
That Section 17.08.240 of Chapter 17.08 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as fol-
lows:
"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 densi-
ties by dwelling unit as derived from the most recent available Federal Census:
.010 Single family detached dwelling units = 3.56 persons per dwelling unit.
.020 Single family attached dwelling units = 2.80 persons per dwelling unit.
.030 Two to four plex dwelling units = 3.93 persons per dwelling unit.
.040 Five or more dwelling units = 3.11 persons per dwelling unit.
.050 Mobilehome dwelling unit = 2.51 persons per dwelling unit.
.060 Notwithstanding subsections .010 through .050 above, all Platinum Triangle residential units = 1.50 persons per dwelling unit.
The total number of units to be used in calculations required by this chapter shall be the number of units permitted by the City on the property at the
time the final subdivision tract map is approved by the City."
SECTION 7.
That Section 17.34.030 of Chapter 17.34 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as
follows:
"17.34.030 AMOUNT OF FEE.
Where a fee is required to be paid, the amount of such fee shall be established by resolution.
The fees shall be based on the following formula:
-- -- D) SP
1,000
L = Land (average acquisition cost per acre) updated annually based upon a yearly opinion of value 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:
= As established by resolution
As established by resolution.
= 2.0 acres per 1,000 population.
3.56 persons/single family detached unit.
2.80 persons/single family attached unit.
3.93 persons/two to four plex units.
3.11 persons/five or more units.
2.51 persons/mobilehome dwelling unit.
1.50 persons/Platinum Triangle dwelling unit, any other provision hereof notwithstanding.
SECTION S. SEVERABILITY
The City Council of the City of Anaheim declares that should any section, paragraph, sentence or word of this ordinance hereby adopted be de-
clared for any reason to be invalid, it is the intent of the Council this it would have passed all other portions of this ordinance independent of the elimina-
tion herefrom of any such portion as may be declared invalid.
SECTION 9. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal or amendment 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 thereof, nor be construed as a waiver of any tax, license or penalty or
of the penal provisions applicable to any violations thereof. The provisions of the ordinance, insofar as they are substantially the same as ordinance provi-
sions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enact-
ments.
SECTION 10. PENALTY.
Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon
conviction thereof, be punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 7th day of June, 2005,
and thereafter passed and adopted at a regular meeting of said City Council held on the 4th day of June, 2005, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: - CITY OF ANAHEIM
SS/Shervll Schroeder By ss/Mayor Curt Prinqle