2659AS FOLLOWS:
ORDINANCE NO. 2659
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
TITLE 17, CHAPTER 17.08 OF THE ANAHEIM MUNI-
CIPAL CODE BY ADDING THERETO SECTIONS 17.08.550
TO 17.08.559, INCLUSIVE, RELATING TO ESTABLISHING
REGULATIONS FOR DEDICATION OF LAND, PAYMENT
OF FEES, OR BOTH, FOR PARK AND RECREATIONAL
LAND IN TRAILER PARKS AND RESIDENTIAL AREAS,
NOT INCLUDED IN SUBDIVISION (R-0, R-1, R-2
R-3) .
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
SECTION 1.
That Title 17, Chapter 17.08 of the Anaheim Municipal
Code be, and the same is hereby amended by adding thereto Sections
17.08.550 to 17.08.559, both inclusive, reading as follows:
"SECTION 17.08.550 RECITALS
"The City Council does hereby find, determine and declare
as follows:
(a) In 1965, the Legislature of the State of California,
amended the Subdivision Map Act (Section 11.500 et
seq. of the California Business and Professions Code)
so as to enable cities and counties to require either
the dedication of land, the payment of fees or a com-
bination of both, for park and recreational purposes
as a condition of approval of a subdivision map; and
(b) Section 11540.1 of the Subdivision Map Act provides
for the regulations of the division of land which is
not in a subdivision provided that such regulations
are not more restrictive than the requirements for
a subdivision; and
(c.) Before a city may avail itself of said Act, it must
have a general plan containing a recreational element
with definite principles and standards for the park
and recreational facilities to serve the residents of
the City; and
(d) The City Council of the City of Anaheim has adopted a
general plan containing such recreational element.
"SECTION 17.08.551 PROVISION FOR PARK AND
RECREATIONAL FACILITIES
Every owner who constructs or installs dwelling units in
residential areas shall dedicate a portion of such land,
pay a fee, or do both, as set forth in this ordinance for
the purpose of providing park and recreational facilities
to serve future residents of said residential area.
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"SECTION 17.08.552 APPLICATION
The provisions of this ordinance shall apply to Trailer
Parks and all residential areas not included in subdivisions
(R -O, R-1, R-21 R-3) except dwelling units for which
buildings permits have been applied for within thirty (3.0)
days after the effective date of this Ordinance.
"SECTION 17.08.553 RELATION OF LAND REQUIRED
TO POPULATION DENSITY
It is hereby found and determined that the public interest
convenience, health, welfare and safety require that one
and one-half (1 1/2) acres of property, for each one thou-
sand (1,000) persons residing within the City, be devoted
to park and recreational purposes.
"SECTION 17.08.554 POPULATION DENSITY
Population density for the purpose of this ordinance shall
be determined in accordance with the July 1, 1968, Report
and Recommendation for the City of Anaheim Parks and Recrea-
tion Capital Improvements prepared by the Parks and Recreation
Subcommittee of the Recreation and Cultural Arts Capital
Improvement Committee, to wit:
(a) Single family dwelling unitsand duplexes = 4.0 persons
per dwelling unit; and
(b) Multiple family dwelling unit = 2.4 persons per dwelling
unit; and
(c) Mobile home dwelling unit = 1.9 persons per dwelling
unit.
The basis for determining the total number of dwelling units
shall be the number of units permitted by the City on the
property at the time the Building Permit is approved by the
City Building Department.
"SECTION 17.08.555 AMOUNT OF LAND TO. BE DEDICATED
The amount of land required to be dedicated pursuant to
this ordinance, shall be:
(a) Per single family unit - 261.4 square feet
(b.) Per multiple family unit - 156.8 square feet
(c) Per mobile home dwelling unit - 124 square feet
The above listed amount of land shall be based on the
following formula:
Amount of Land = ( S ) P
Per D.U. (11000)
S = Park Standard
P = Population density per dwelling unit
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Values used for Determining Amount of Land Per Dwelling
Unit:
S = 1.5 acres or 65,340 square feet per 1,000 population
P = 4.0 persons/single dwelling unit
P = 2.4 persons/multiple dwelling unit
P - 1.9 persons/moble home dwelling unit
"SECTION 17.08.556 AMOUNT OF FEE IN LIEU
OF LAND DEDICATION
Where a fee is required to be paid in lieu of land dedi-
cation, the amount of such fee shall be:
(a.)
Per single family unit-
$250.
x 1/2
(b)
Per multiple family unit -
$150.
x 1/2
(c)
Per mobile home unit -
$100.
x 1/2
The above listed fees shall be based on the following formula:
IN LIEU FEE FORMULA:
FEE = (L+D) SP x 1/2
L = Average Land acquisition cost per acre
D = Average basic park development cost per acre
S = Park Standard
P = Population density per dwelling unit
Values used for determining the recommended in -lieu fees:
L = $28,000 per acre
D = $13,500 per acre
S = 1.5 acre per 1,000 population
P = 4.0 persons/ single dwelling unit
P = 2.4 persons/multiple dwelling unit
P = 1.9 persons/ mobile home dwelling unit
"SECTION 17.08.557 CHOICE OF LAND OR FEE
(a) PROCEDURE - The procedure for determining whether the
owner is to dedicate land, pay a fee, or both, shall
be as follows:
(1) Owner - At the time of making application for a
biding permit, the owner of the property shall,
as a part of such application, indicate whether
he desires to dedicate property for park and
recreational purposes, or whether he desires to
pay a fee in lieu thereof. If he desires to
dedicate land for this purpose, he shall designate
the area at the time of making said application.
(2) Action of City - At the time of the approval of
the Building Permit, the City Building Department
w or the City Council shall determine as a part of
such approval, whether to require a dedication of
land, payment of fee in lieu thereof, or a combina-
tion of both.
(3) Prerequisites for Approval of Final Ma - Where
e ication is required, it shall be -accomplished
in the same manner as required for subdivisions
in accordance with the provisions of the Subdivision
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Map Acta Where fees are required, the same shall
be deposited with the City prior to the approval
of the. Building Permit. Open space covenants for
private park and recreational facilities shall be
submitted to the City prior to approval of the
Bulding Permit and shall be recorded prior to
said approval.
(b) DETERMINATION - Whether the City Council accepts land
dedication or elects to require payment of fee in lieu
thereof, or a combination of both, shall be determined
by consideration of the following:
(1) Recreational element of the City's general plan;
and
(2) Topography, geology, access and location of land
available for dedication; and
(3) Size and shape of the area and land available
for dedication.
The determination of the City Council as to whether land
shall be dedicated or whether a fee shall be charged, or
a combination thereof, shall be final and conclusive.
On areas involving fifty (50) lots or less, only the
payment of fees shall be required.
"SECTION 17.08.558 TIME OF COMMENCEMENT
MUST BE DESIGNATED
At the time that the Building Permit is approved, the City
Building Department or the City Council shall designate the
time when development of the park and recreational facilities
shall be commenced.
"SECTION 17.08.559 LIMITATION ON USE OF LA14D AND FEES
The land and fees received under this ordinance shall be
used only for the purpose of providing parks and recrea-
tional facilities to serve the subdivision for which
received and the location of the land and the amount of
fees shall be a reasonable relationship to the use of the park
and recreational facilities by future inhabitants of the
area."
SECTION 2.
The City Clerk shall certify to the passage of this
Ordinance and shall cause the same to be printed once within
fifteen (1.5) days after its adoption, in the Anaheim Bulletin,
a newspaper of general circulation, printed, 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 signed by me
this 8th day of April 69.
YOR OF HE CITY OF AN EIM
ATTEST:.
CI CLERK OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ). ss.
CITY OF ANAHEIM )
I, DENS M. WILLIAMS, , City Clerk cf the City of Anaheim, do
hereby certify that the foregoing Ordinance No. 2659 was introduced
at a regular meeting of the City Council of the City of Anaheim held
on the 1st day of April, 1969, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 8th day
of April, 1969, by the following vate of the members thereof:
AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark
NOES: COUNCILMIId: None
ABSENT: COUNCIIXEN: None
AND I FURTHER CERTIFY THAT the Mayor of the City of Anaheim
approved and signed said Ordinance No. 2659 on the 8th day of April,
1969.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the cf5dal seal of the City of Anaheim this 8th day of April, 1969.
Gr/
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, DENS M. WILLIAMS, City Clerk of the City of Anaheim, do
%hereby certify that the foregoing is the original Ordinance No. 2659 and was
V published once in the Anaheim Bulletin on the 18th day of April, 1969.
City Clerk
a