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3743ORDINANCE N0. 3743 AN ORDINANCE OF THE CITY OF ANAHEIM REPEAL- ING SECTIONS 17.08.400, 17.08.410, 17.08.420, 17.08.425, 17.08.430, AND 17.08.440 OF TITLE 17, CHAPTER 17.08 OF THE ANAHEIM MUNICIPAL CODE AND ADDING NEW SECTIONS 17.08.400, 17.08.410, 17.08.420, 17.08.425, 17.08.430, AND 17.08.440 IN ^1HEIR PLACE AND STEAD RELATING TO SUBDIVISIONS AND DECLARING THE URGENCY THEREOF. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Sections 17.08.400, 17.08.410, 17.08.420, 17.08.425, 17.08.430, and 17.08.440 of Title 17, Chapter 17.08 of the Anaheim Municipal Code be, and the same are here- by, repealed. SEC^1ION 2. That new Sections 17.08.400, 17.08.410, 17.08.420, 17.08.425, 17.08.430, and 17.08.440 of Title 17, Chapter 17.08, be, and they are hereby, added to the Anaheim iunicipal Code to read as follows: 17.08.400 DRAINAGE FACILITIES --PAYMENT OF FEES REQUIRED. Prior to approval of any final tract map or parcel map, or prior to the issuance of a grading permit or building permit, if no parcel or tract map is required, the subdivider or developer shall pay or cause to be paid such fees as estab- lished by Resolution of the City Council for the purpose of defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from anv drainage areas established by the City. ^ 17.08.410 ESTABLISH IE_IT OF DRAINAGE AREAS. Pursuant to Section 66483 of the Government a-_ Code, the City of Anaheim has heretofore, adoptee a drainage plan for each of those certain drainage areas as more particularly described in the easter Plan for Drainage adopted by the City Council of Cie City of Anaheim on January 15, 1974, by Resolution No. 74R-11. The plan for each such crainage area contains an estimate of the total costs of construc- ting the local drainage facilities requires by the plan and a reap of such area shuv7ing its boundaries and the location of such facilities. -1- 17.08. UO BRIDGE CROSSINGS i il'iD TrOROUG-FAP S - PURPOSE. The purpose of this section is to make pro- vision for assessing and collecting fees as a condition of approval of a final tract map or parcel nap or as a condition of issuing a build- ing permit for th.e purpose of cefrayincr the actual or estimated costs of constructing bridges or major thoroughfares pursuant to Section 66484- of 6434of the Government Code. 17.08.425 BRIDGE CROSSINGS P14D THOROUGHAFARES - FUNDING PROCEDURES. No charge, area of benefit or local benefit district shall be established for the purpose of defraying the, actual or estimated cost of construc- ting bridges over waterways, railways, freeways, and canyons, or constructing major thoroughfares unless and until a public hearing in accordance with the provisions of Section 66484 of the Government Code of the State of California is held thereon by the City Council and the City Council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improve- ments and the actual ultimate beneficiaries thereof. In addition to the notice required by this section, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the City Clerk at least ten (10) days prior to the date established for hearing. 17.0 8.4 30 SUPPI EMIENT I-TAPROVE11TENTS - DRAINAGE SEWERAGE, BRIDGES AND 1 aAJOR THOROUGHFARES. In those areas where the City has adopted a local drainage or sanitary sewer plan and map as required for the imposition of fees therefor, or :W= has established an area of benefit for bridges or major thoroughfares as provided in this Chapter, the City may impose a reasonable charge as established by Resolution of the City Council on property within the area benefited and may provide for the collection of said charge as set forth in this Chapter and applicable provisions of the Subdivision Map Act. The City may enter into reimbursement agreements with a subdivider who constructs said facilities, bridges or thorough- fares and the charges collected by the City therefor may be utilized to reimburse the subdivider as set forth herein. The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map, and there- after to dedicate such improvements to the public. However, the subdivider shall be reimbursed for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improve lents -to serve the subdivision only and the actual cost of such improvements pursuant to the provisions of the Subdivision map Act. 17.08.440 FEES AND PERMITS. Fees and permits shall be paid or acquired for map filing, map checking, inspection, inspection of construction, sewer installation, assessment for recreational facilities, street trees, water fees or the bonding therefor shall be as established by City Council resolution. SECTION 3. Declaration of Urgency. The City Council of the City of Anaheim hereby declares that this ordinance is necessary as an emergency measure for the immediate preservation of the public peace, health and safety. The reasons for the urgency of this ordinance are as follows: The City of Anaheim has heretofore adopted a Master Plan for Drainage and has established fees for certain adopted drainage areas and has entered into reimbursement agreements for said areas. Recent amendments to the Subdivision Map Act, however, specify that said fees can only be required if the City has adopted an ordinance making specific reference to said drainage plans and con- forming to the requirements of Government Code Section 66483. -3- Since the Anaheim Municipal Code does not currently so pro- vide, this ordinance is iru:iediately necessary to enable the City to continue to collect said drainage fees, to honor existing and future reimbursement agreements entered into by the City,, and to assure the continued development of drainage facilities in accordance with the Baster Plan :for Drainace. SECTION 4. SEVERABILITY. The City Council of the City of Anaheiz. hereby declares that should any section, paragraph, sentence or word of this chapter 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 chapter indepen- dent of the elimination herefrom of any such portion as may be declared invalid. SECTION 5. The City Clerk small 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, printed, published and circulated in said City, and immediately upon and after its adoption, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and signed by me this 26th day of July , 1977. ATTEST: f CITY CLERK OF THt CITY OF ZU AHEIM JLYY : jh QC STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 3743 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 26th day of July, 1977, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 26th day of July, 1977, by the following vote of the members thereof: has an urgency measure, AYES: COUNCIL MEMBERS: Kaywood, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Seymour AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Ordinance No. 3743 on the 26th day of July, 1977. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 26th day of July, 1977. CITY CLERK OF THE C TY OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original.prdinance No. _3743 and was published once in the Anaheim Bulletin on the lith day of August, 1977. CITY CLERK aaauisug Aai0 (i92png)gmdoj9A9G mra$oaa suoisiAipgng