5440FOLLOWS:
ORDINANCE NO.5440
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING SUBSECTIONS .010 AND .030
OF SECTION 17.32.070 OF CHAPTER 17.32 OF
TITLE 17 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO TRANSPORTATION FEE CREDITS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That subsections .010 and .030 of Section 17.32.070 of
Chapter 17.32 of the Anaheim Municipal Code be, and the same are
hereby amended to read as follows:
11.010 Construction of Facility. Whenever an
owner or developer is required, as a condition of
approval of a development permit, to construct a Master
Plan of Highways Public Facility and when such
construction is necessary to provide efficient and
timely construction of the facilities network, a credit
against the fee which would otherwise be charged
pursuant to this Chapter on the development project
shall be available to the owner or developer upon
completion of the Facility (but only to the extent of
the fee), provided a project expenditure certification
is approved by the Traffic Transportation Manager and
that engineering costs are limited to amounts specified
in the Intermodal Surface Transportation Efficiency
Act. If the amount of the fee established by the City
Council is based upon a discounted percentage of the
actual costs of mitigating the impacts of new
development, the amount of credit available pursuant to
this subsection shall be correspondingly discounted."
11.030 Dedications. The reasonable value of
land dedicated for road and improvement purposes for a
Master Plan of Highways Public Facility as said value
is determined by the City Engineer shall be credited
against any fee (but only to the extent of the fee)
which would otherwise be charged pursuant to this
Chapter. If the amount of the fee established by the
City Council is based upon a discounted percentage of
the actual costs of mitigating the impacts of new
development, the amount of credit available pursuant to
this subsection shall be correspondingly discounted."
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.
SECTION 4. PENALTY
It shall be unlawful for any person, firm or
corporation to violate any provision or to fail to comply with
any of the requirements of this ordinance. Any person, firm or
corporation violating any provision of this ordinance or failing
to comply with any of its requirements shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding One Thousand Dollars ($1,000.00) or by
imprisonment not exceeding six (6) months, or by both such fine
and imprisonment. Each such person, firm or corporation shall be
deemed guilty of a separate offense for each day during any
portion of which any violation of any of the provisions of this
ordinance is committed, continued or permitted by such person,
firm or corporation, and shall be punishable therefor as provided
for in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 9th day of August ,
1993.
MAYOX OF THE CITY OF EIM
ATTEST•
. ---R 5��
CITY CLERK OF THE CITY OF ANA EIM
7861.1\SMANN\July 22, 1994 2