4546FOLLOWS:
ORDINANCE NO. 4546
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING SUBSECTION .020 OF SECTION
17.08.385, AND ADDING NEW SECTION 17.08.439,
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 subsection .020 of Section 17.08.385 of Chapter
17.08 of Title 17 of the Anaheim Municipal Code be, and the same
is hereby, amended to read as follows:
".020 The City shall require a subdivi-
der or developer of property (hereinafter referred to
jointly as 'subdivider') to pay such fees as
established in the public library 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."
SECTION 2.
That new Section 17.08.439 be, and the same is hereby,
added to Chapter 17.08 of Title 17 of the Anaheim Municipal Code, to
read as follows:
"17.08.439 AREAS OF BENEFIT -- GENERAL
.010 Prior to establishing any area of
benefit or facilities plan pursuant to Section 17.08.385,
17.08.435 or 17.08.437 of this Title, the City Council
shall hold a public hearing regarding the proposed facil-
ities 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 pro-
posed 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
r 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 boundaries
of the area of benefit, the facilities planned for the
area of benefit and estimated costs thereof, and the pro-
posed method of fee apportionment.
.020 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 Section 17.08.385, 17.08.435 or 17.08.437 of this
Title, provided that any revision or amendment to the
method of fee apportionment shall be approved only fol-
lowing a public hearing thereon, duly noticed in the
manner set forth in subsection .010 above.
.030 Any fees collected by the City
pursuant to either Section 17.08.385, 17.08.435 or
17.08.437 of this Title shall be deposited in a public
facilities fund for the area of benefit and shall be
expended only for the purposes set forth in the
facilities plan for such benefit area."
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this ordi-
nance, 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 4. CERTIFICATION
The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be printed once within fif-
teen (15) days after its adoption in the Anaheim Bulletin, a news-
paper 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.
-2-
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 16th day of October, 1984.
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:fm
2694M
7/23/84
-3-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance No. 4546 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 9th day of October, 1984, and
that the same was duly passed and adopted at a regular meeting of said City
Council held on the 16th day of October, 1984, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4546 on the 16th day of October, 1984.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 16th day of October, 1984.
IX -12
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 is the original Ordinance No. 4546 and was published once in the
Anaheim Bulletin on the 26th day of October, 1984.
CITY CLERK