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4544FOLLOWS: ORDINANCE NO. 4544 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW SECTION 17.08.434 TO CHAPTER 17.08 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SUBDIVISIONS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That new Section 17.08.434 be, and the same is hereby, added to Chapter 17.08 of Title 17 of the Anaheim Municipal Code to read as follows: "17.08.434 SUPPLEMENTAL IMPROVEMENTS AND FEES -- POLICE PROTECTION FACILITIES .010 Where the City Council finds that, upon development of an undeveloped or substantially undeveloped area of the City, said area cannot be adequately served or protected by existing police protection facilities, the City Council may by resolution establish a police protection facilities plan for the providing of new police protection facilities for said area. The term 'police protection facilities' as used herein shall include the land, structures and equipment as determined by the City Council to be reasonably necessary to provide adequate police protection for the area of benefit. Said police protection facilities plan shall establish the boundaries of the area of benefit, the actual or estimated cost of said facilities, and the method of apportionment of the cost of said facilities. .020 The City shall require a subdivider or developer of property (hereinafter referred to jointly as 'subdivider') to pay such fees as established in the police protection facilities plan as a condition of approval of any final map or parcel map having boundaries wholly or partly within an established area of benefit or, in the event said property is to be developed without subdivision, as a condition of issuance of building permits for such development; provided, however, in the event such fees are, in whole or part, imposed upon or measured by any buildings, including but not limited to the number, type or size of such buildings, to be constructed upon property within an established area of benefit, such fees shall be required to be paid prior to, and as a condition of, issuance of building permits for any such building. The term 'building' as used herein shall have the same meaning as set forth in the Uniform Building Code adopted pursuant to Title 15 of this Code. Any fees collected by the City pursuant to this Section shall be deposited in a police protection facilities fund for the benefit area and shall be expended only for the purposes set forth in the police protection facilities plan for such benefit area. .030 The City may require that a subdivider install or furnish all or any portion of the facilities specified in said police protection facilities plan, including facilities of a supplemental size, capacity or number for the benefit of property not within the subdivision or the property being developed by the subdivider, and that said facilities be dedicated to the public, as a condition of approval of any final map or parcel map, or as a condition of issuance of building permits for development of any property, having boundaries wholly or partly within the area of benefit. .040 If a subdivider is required to install, furnish or finance the cost of facilities which include facilities of a supplemental size, capacity or number for the benefit of property any portion of which is outside the boundaries of said subdivision or property being developed, but within an established area of benefit, the City shall enter into a reimbursement agreement with such subdivider to reimburse such subdivider from fees received by the City pursuant to subsection .020 above for that portion of the actual cost of said facilities in excess of said subdivider's pro rata share thereof as determined pursuant to the provisions of said police protection facilities plan. .050 Prior to establishing any area of benefit or police protection facilities plan pursuant to -- this section, the City Council shall hold a public hearing regarding the proposed facilities plan, including the boundaries of the proposed area of benefit. Notice of such public hearing shall be given by mailed notice to each owner of land within the proposed area of benefit, with postage prepaid, using addresses from the last equalized assessment roll, or alternatively, from such other records of the assessor or the tax collector as contain more recent addresses. Alternatively, notice may be given by both publication at least ten (10) calendar days before the hearing in a newspaper of general circulation, published within the City and circulated within the proposed area of benefit, and by posting such notice in conspicuous places upon property within the proposed area of benefit. Such notice shall contain preliminary information concerning such facilities plan, including the proposed general boundaries of the area of benefit, the facilities planned for the area of benefit and estimated costs thereof, and the proposed method of fee apportionment. -2- .060 The City Council may from time to time, by resolution, revise or amend the amount of the fees theretofore established and to be collected pursuant to this section, provided that any revision or amendment to the method of fee apportionment shall be approved only following a public hearing thereon, duly noticed in the manner set forth in subsection .050 above." SECTION 2. 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 3. 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 2nd day of October, 1984. MAYOR OF E CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:fm 2802M 7/18/84 IWIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4544 was introduced at a regular meeting of the City Council of the,City of Anaheim, held on the 18th day of September, 1984, and that the same was duly passed and adopted at a regular meeting of said �y J City Council held on the 2nd day of October, 1984, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pickler AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4544 on the 2nd day of October, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 2nd day of October, 1984. C' CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing to the original Ordinance No. 4544 and was published once in the Anaheim Bulletii4 on the 12th day of October, 1984. CITY.CLERK