Chapter 17.08 — SUBDIVISIONS

.010 A report as to conformity to the General Plan, which is required pursuant to Section 65402 of the Government Code as the result of a proposed division of land, may be included as part of and at the same time as the action taken by the advisory agency on such division of land.

.020 Such report is not required for a proposed subdivision which involves 1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; 2) acquisitions, disportions or abandonments for street widening; or 3) alignment projects, provided that the advisory agency expressly finds that any such disposition for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects is of a minor nature. (Ord. 3474 § 2 (part); October 21, 1975.)

This chapter is adopted to supplement and implement the Subdivision Map Act and may be cited as the "Subdivision Ordinance of the City of Anaheim." (Ord. 3474 § 2 (part); October 21, 1975.)

"Alley" means a public thoroughfare utilized as a means of secondary vehicular access. (Ord. 3474 § 2 (part); October 21, 1975.)

"Arterial highway" means a public thoroughfare designated as a major, primary, secondary or collector street on the Arterial Streets and Highways Section of Circulation Element of the General Plan of the City of Anaheim. (Ord. 3474 § 2 (part); October 21, 1975.)

"City" means the City of Anaheim, California. (Ord. 3474 § 2 (part); October 21, 1975.)

A "condominium" is an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store. A "condominium" may include, in addition, a separate interest in other portions of such real property. (Ord. 3474 § 2 (part); October 21, 1975.)

"Final map" means a tract or parcel map prepared by or under the direction of a licensed land surveyor or registered civil engineer in accordance with the provisions of the Subdivision Map Act of the State of California and all applicable codes of the City of Anaheim, which map is designed to be placed on record in the office of the County Recorder. (Ord. 3474 § 2 (part); October 21, 1975.)

"General Plan" means those documents, both written and graphic, including the land use, public facilities, circulation elements and other elements as adopted and amended by the City Council as a statement of development policies. (Ord. 3474 § 2 (part); October 21, 1975.)

For the purpose of this chapter, "improvements" shall be construed to be the construction of streets, including excavation, paving, curbs, gutters and sidewalks; sewers, including construction of main lines, house connections and structures; street lights, street signs; the construction of water mains and fire hydrants and house laterals; drainage facilities, street trees, and any miscellaneous construction requirements. All such improvements shall conform to the City of Anaheim standards and specifications. (Ord. 3474 § 2 (part); October 21, 1975.)

"Limited vehicular access rights" means reservation of the right, easement or access of owners or occupants of abutting lands, to a public way, for vehicular use, except at points specifically designated on the final tract or parcel map. (Ord. 3474 § 2 (part); October 21, 1975.)

"Lot" means a defined portion of a subdivision or any parcel of real property, excluding streets, alleys or any other public or private easement. (Ord. 3474 § 2 (part); October 21, 1975.)

"Subdivision" refers to any real property improved or unimproved or portion thereof, or condominium project shown on the latest County tax roll as a unit, or as contiguous units, which is divided for the purpose of sale or lease, or financing, whether immediate or future, by any subdivider into two or more parcels or condominiums, provided that this chapter shall not apply to any of the following:

.010 The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks or trailer parks;

.020 Mineral, oil or gas leases;

.030 Land dedicated for cemetery purposes under the Health and Safety Code of the State of California;

.040 (Repealed by 5365, 5/4/93) (Ord. 3474 § 2 (part); October 21, 1975: Ord. 3720 § 2 (part); June 21, 1977; Ord. 3874 § 2; June 20, 1978.)

The "Subdivision Map Act" shall mean that portion of the Government Code of the State of California entitled "Division 2 Subdivisions." (Ord. 3474 § 2 (part); October 21, 1975.)

"Street" means a right-of-way for primary vehicular access, publicly maintained and for public use, constructed in accordance with standard plans approved by the City and on file in the office of the City Engineer. (Ord. 3474 § 2 (part); October 21, 1975.)

"Licensed surveyor" means a person registered by the State of California, in accordance with Chapter 15, Division 3 of the Business and Professions Code, who practices or offers to practice land surveying. (Ord. 3474 § 2 (part); October 21, 1975.)

A "private street" shall mean a right-of-way, privately owned and maintained, which provides primary vehicular access to parcels of land or buildings which would otherwise have no direct access to dedicated public streets. (Ord. 3474 § 2 (part); October 21, 1975.)

"Registered civil engineer" means a professional engineer registered by the State of California, in accordance with Chapter 7, Division 3 of the Business and Professions Code, who practices or offers to practice civil engineering in any of its phases. This shall also include a structural engineer registered by the State of California. (Ord. 3474 § 2 (part); October 21, 1975.)

"Tentative map" means a tract or parcel map prepared by or under the direction of a licensed land surveyor or a registered civil engineer showing the intended subdivision of a parcel of land, as well as the existing conditions in and around it. (Ord. 3474 § 2 (part); October 21, 1975.)

"Vehicular access rights" means the right, easement or access of the owners or occupants of abutting lands to or from a public way for vehicular use. (Ord. 3474 § 2 (part); October 21, 1975.)

"Soil Engineer" means a person who is a registered Civil Engineer licensed by the State of California and practices in soil mechanics and the analyses of slope stability. (Ord. 3474 § 2 (part); October 21, 1975.)

"Urban Lot Split" means the ministerial review of a tentative parcel map and the subsequent parcel map to subdivide one lot into two within a single-family residential zone, pursuant to the requirements in Title 17, Section 18.38.255, and California Government Code Section 66411.7.

An Urban Lot Split shall meet all of the objective requirements for a parcel map of the Subdivision Map Act and of this Title. No dedications, offers of dedication, or offsite improvements are required for a parcel map developed under the provisions of an Urban Lot Split. (Ord.6524 § 1; January 25, 2022.)

The City Planning Commission shall constitute the advisory agency for tentative parcel maps, tentative tract maps and vesting tentative maps. (Ord. 3474 § 2 (part); October 21, 1975: Ord. 5191 § 1; December 11, 1990; Ord. 5329 § 1; August 25, 1992: Ord. 6156 § 4; September 22, 2009.)

A parcel map shall be filed and recorded for any subdivision for which a parcel map is required by the provisions of the Subdivision Map Act of the State of California.

Such maps shall meet all the requirements for a parcel map of the Subdivision Map Act and of this chapter and may show all dedications or offers of dedication thereon. The City Engineer may require that such dedications or offers of dedication be made by deed in lieu of or in addition to appearing on the map. (Ord. 3474 § 2 (part); October 21, 1975: Ord. 4354 § 1 (part); July 27, 1982: Ord. 4355 § 1 (part); August 3, 1982.)

The requirement that a parcel map be filed as imposed by Section 17.08.070 of this chapter may be waived where the advisory agency determines that the proposed division of land complies with the requirements established by the Subdivision Map Act and this chapter as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act and this chapter.

Where the requirement for a parcel map is waived pursuant to this section, a tentative map may be required by the advisory agency. (Ord. 3737 § 1; July 19, 1977: Ord. 3782 § 1; November 1, 1977: Ord. 4354 § 1 (part); July 27, 1982: Ord. 4355 § 1 (part); August 3, 1982.)

In all cases where a parcel map is required, such map shall be based upon a field survey made in conformity with the Land Surveyors Act unless otherwise waived by the City Engineer. (Ord. 3474 § 2 (part); October 21, 1975.)

.010 When a parcel map is required by this chapter, a tentative parcel map shall first be filed.

.020 Tentative tract maps and tentative parcel maps shall be filed with the Planning Department and shall be processed in accordance with the Subdivision Map Act and provisions of this chapter. The subdivider shall submit the tentative map in a form specified by the Planning Commission and file as many copies of the map and supporting documentation as specified by the Planning Commission. (Ord. 3474 § 2 (part); October 21, 1975: Ord. 3720 § (part); June 21, 1977: Ord. 5329 § 3; August 25, 1992.)

Each proposed tentative tract map or parcel map shall be set for a public hearing before the advisory agency. Notice of the time and place of said public hearing, including a general description of the location of the proposed subdivision, shall be given by the advisory agency at least 10 days before the hearing by United States mail, postage prepaid, addressed to the owners of all real property located within a radius of at least three hundred feet from the external boundaries of the proposed subdivision, addressed to said owners as shown on the latest equalized assessment roll of the County of Orange. The advisory agency shall also give notice of said hearing by publication in the manner set forth in Government Code Section 66451.3. (Ord. 4064 § 1; October 23, 1979.)

.010 The Planning Commission shall make investigations on the design and improvement of any proposed division of real property for which a tentative map is filed for which the Planning Commission is the advisory agency, and shall have the authority, to approve, conditionally approve, or disapprove such map and division of land.

.015 (Repealed by 6156, 9/22/09) Required Findings. Before the approval authority, or Planning Commission and/or City Council on appeal, may approve a tentative parcel map or tentative tract map, it must make a finding of fact, by resolution or written decision, that the evidence presented shows that all of the following conditions exist: .0151 That the proposed map is consistent with the General Plan and applicable specific plan;

.0152 That the design or improvement of the proposed subdivision is consistent with the General Plan and applicable specific plan;

.0153 That the site is physically suitable for the type of development;

.0154 That the site is physically suitable for the proposed density of development;

.0155 That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

.0156 That the design of the subdivision or type of improvements are not likely to cause serious public health problems; and

.0157 That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

.020 (Repealed by 5329, 8/25/92)

.030 Any subdivider or any interested person adversely affected by a decision of the advisory agency under any provision of this chapter may file an appeal or complaint with the City Council concerning such decision. Any such complaint shall be filed with the City Clerk within ten days after the action of the advisory agency from which the appeal is being taken. In the event of an appeal by the subdivider, the advisory agency or any tenant of the subject property in the case of a conversion of a condominium, community apartment or stock cooperative, the City Council shall set the matter for public hearing. In the event of an appeal by any other person, the City Council may, in its discretion, reject the complaint within fifteen days or set the matter for public hearing. If the City Council rejects the complaint, the complainant shall be notified of such action. If the matter is set for hearing, the hearing shall be conducted and notice thereof given as provided by Government Code Sections 66451.3 and 66452.5. (Ord. 3474 § 2 (part); October 21, 1975: Ord. 3720 § 2 (part); June 21, 1977; Ord. 4294 § 1; December 22, 1981; Ord. 5191 § 3; December 11, 1990; Ord. 5329 §§ 4, 5; August 25, 1992: Ord. 6156 §§ 5, 6; September 22, 2009: Ord. 6506 § 1; February 9, 2021.)

The Advisory Agency may, as a condition of approval of a tentative parcel map, impose a requirement that any onsite or offsite improvements be constructed within a specified time period following recordation of the parcel map and prior to issuance of a permit or other grant of approval for the development of a parcel upon a finding that the fulfillment of the construction requirements is a necessary prerequisite to the orderly development of the surrounding area. An improvement agreement shall be executed and improvement security shall be posted prior to approval of the final parcel map. (Ord. 5329 § 6; August 25, 1992.)

.010 Expiration. An approved or conditionally approved tentative map shall expire twenty-four months after its approval or conditional approval or such further additional time as required by the Subdivision Map Act or as otherwise provided by State law.

.020 Extension. The person filing the tentative map may request an extension of the tentative map approval or conditional approval by written application to the Planning and Building Department Director, which request must be filed prior to the expiration of the approved or conditionally approved tentative map. The application shall state the reasons for requesting the extension. In granting an extension, new conditions may be imposed and existing conditions may be revised.

.030 Time Limit of Extensions. Except as otherwise provided by the Subdivision Map Act, an extension or extensions of tentative map approval or conditional approval shall not exceed a total of three years.

.040 Effect of Map Modification on Extension. Modification of a tentative map after approval or conditional approval shall not extend the time limits imposed by this section. (Ord. 3474 § 2 (part); October 21, 1975; Ord. 4294 § 2; December 22, 1981: Ord. 4712 § 1; May 20, 1986: Ord. 5191 § 4; December 11, 1990: Ord. 6506 § 2; February 2, 2021: Ord. 6524 § 2; January 25, 2022.)

The City of Anaheim reserves the right to refuse utility services to any person who fails to process a parcel map as required by this chapter. (Ord. 3474 § 2 (part); October 21, 1975.)

A subdivision plan shall be in substantial conformance to the General Plan. (Ord. 3474 § 2 (part); October 21, 1975.)

The advisory agency shall approve, conditionally approve, or disapprove the tentative map within fifty days after the filing thereof with its clerk and report its action to the subdivider, unless said time limit shall be mutually extended by the advisory agency and the applicant. (Ord. 3474 § 2 (part); October 21, 1975: Ord. 3720 § 2 (part); June 21, 1977: Ord. 5191 § 6; December 11, 1990.)

The City Council shall take action on any complaint or appeal from the decision of the advisory agency regarding any tentative map within the time limit specified in Section 17.08.100.030 hereof, unless a continuance is requested or agreed to by the applicant. (Ord. 3474 § 2 (part); October 21, 1975: Ord. 3720 § 2 (part); June 21, 1977: Ord. 5191 § 7; December 11, 1990.)

.010 After approval or conditional approval of the tentative map, the subdivider may have a final map prepared that is in substantial compliance with the approved or conditionally approved tentative map. A final map shall not be deemed in substantial compliance with the tentative map if it shows an increase in the number of lots or density of the proposed subdivision.

.020 A final tract map shall be in full compliance with the Subdivision Map Act and this chapter and shall be approved by the City Council and recorded within one calendar year from the date of approval unless an extension of time is granted by the City Council.

.030 A final parcel map shall be in full compliance with the Subdivision Map Act and this chapter and shall be approved by the City Engineer and recorded within one calendar year from the date of approval unless an extension of time is granted by the agency which approved the tentative parcel map. (Ord. 3757 § 2; August 23, 1977: Ord. 5191 § 8; December 11, 1990.)

The Advisory Agency may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a final tract or parcel map as abutting thereon, and that if the dedication is accepted, such waiver shall become effective in accordance with the provisions of the waiver of direct access. (Ord. 3474 § 2 (part); October 21, 1975.)

The City Council does hereby find, determine and declare as follows:

.010 In 1975, the Legislature of the State of California amended the Subdivision Map Act (Section 66410 et seq. of the California Government Code) so as to enable cities and counties to require either the dedication of land, the payment of fees or a combination of both, for park and recreational purposes as a condition of approval of a tract map; and

.020 Before a city may avail itself of this 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 .030 The City Council has adopted a general plan containing such recreational element. (Ord. 3474 § 2 (part); October 21, 1975.)

Every subdivider who subdivides land shall irrevocably offer to dedicate a portion of such land and pay a fee for development thereof, or pay a fee in lieu of dedication and the development fee, as set forth in Sections 17.08.200 through 17.08.290, for the purpose of providing park and recreational facilities to serve the future residents of each tract. (Ord. 3474 § 2 (part); October 21, 1975: Ord. 4913 § 1 (part); March 29, 1988.)

Sections 17.08.200 through 17.08.280 shall apply to all subdivisions, as that phrase is used in Section 66410 et seq. of the Government Code of the State of California, except subdivisions for which tentative tract maps have been filed within thirty days after the effective date of the ordinance codified in this section, and industrial subdivisions. (Ord. 3474 § 2 (part); October 21, 1975.)

It is hereby found and determined that the public interest, convenience, health, welfare and safety require that two acres of property, for each one thousand persons residing within this City, be devoted to park and recreational purposes. (Ord. 3474 § 2 (part); October 21 1975: Ord. 4100 § 1; February 19, 1980.)

Population density for the purpose of Sections 17.08.200 through 17.08.290 shall be determined in accordance with the Quimby Act, with the population density derived from the most recent available Federal Census:

• .010 Single-family detached/attached dwelling units = 3.3489 persons per dwelling unit.

• .020 Two-to-four plex dwelling units = 3.5572 persons per dwelling unit.

• .030 Five or more dwelling units = 2.4509 persons per dwelling unit.

• .040 Mobile home dwelling unit = 3.3302 persons per dwelling unit.

The total number of units to be used in calculations required by this chapter shall be the number of units permitted

by the City on the property at the time the final subdivision tract map is approved by the City.

Pursuant to Government Code Section 66324, ADUs are exempt from incurring impact fees from local agencies, special districts, and water corporations if such unit is less than 750 square feet. If an ADU is 750 square feet or larger, impact fees shall be charged proportionately in relation to the square footage of the ADU to the square footage of the primary dwelling unit. (Ord. 3568 § 2 (part); July 27, 1976: Ord. 3720 § 2 (part); June 21, 1977: Ord. 4913 § 1 (part); March 29, 1988: Ord. 5260 § 1 (part); October 8, 1991: Ord. 5966 § 26; April 26, 2005: Ord. 5977 § 6; June 14, 2005: Ord. 6625 § 1; April 21, 2026.)

The minimum amount of land required to be dedicated by a subdivider pursuant to Sections 17.08.200 through 17.08.290 shall be:

• .010 Per single-family detached/attached unit, 0.00670 acres (291.85 square feet)

• .020 Per two-to-four plex units, 0.00711 acres (309.71 square feet)

• .030 Per five or more units, 0.00490 acres (213.44 square feet)

• .040 Per mobile home dwelling unit, 0.00666 acres (290.11 square feet)

The above-listed amount of land shall be based on the following formula:

In addition to the dedication of land, the City Council shall establish the amount of fees to be paid to develop the parks. The established fees shall not exceed an amount determined in accordance with the following formula:

In applying the formula above, no credit shall be allowed for private open space in the subdivision. Pursuant to Government Code Section 66324, ADUs are exempt from incurring impact fees from local agencies, special districts, and water corporations if such unit is less than 750 square feet. If an ADU is 750 square feet or larger, impact fees shall be charged proportionately in relation to the square footage of the ADU to the square footage of the primary dwelling unit. (Ord. 3568 § 2 (part); July 27, 1976: Ord. 4913 § 1 (part); March 29, 1988: Ord. 5260 § 1 (part); October 8, 1991; Ord. 5775 § 1; July 24, 2001: Ord. 5966 § 27; April 26, 2005: Ord. 6625 § 2; April 21, 2026.)

Where a fee is required to be paid in lieu of land dedication and a development fee, the amount of such fee shall be established by the City Council by resolution. The amount of such fee shall not exceed an amount determined in accordance with the following formula:

(Ord. 3568 § 2 (part); July 27, 1976: Ord. 4913 § 1 (part); March 29, 1988: Ord. 5260 § 1 (part); October 8, 1991; Ord. 5775 § 2; July 24, 2001: Ord. 5966 § 28; April 26, 2005: Ord. 6625 § 3; April 21, 2026.)

All land offered for dedication for local park or recreational purposes shall have access to at least one existing or proposed public street. This requirement may be waived by the City Council if the City Council determines that public street access is unnecessary for maintenance of the park area or use thereof by residents. (Ord. 4913 § 2 (part); March 29, 1988.)

.010 Procedure. For subdivisions of fifty lots or less, only the payment of the in-lieu fee shall be accepted. In all other cases, the procedure for determining whether the subdivider is to dedicate land, and pay a development fee or pay a fee in lieu thereof shall be as follows:

.0101 Action of City. At the time of the tentative tract map approval, the advisory agency shall determine, as a part of such approval, whether to require a dedication of land and payment of a development fee or a payment of a fee in lieu thereof.

.0102 Prerequisites for Approval of Final Tract Map. Where dedication and fees are required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act. Where area fees are required, the same shall be deposited with the City upon approval of a Final Tract Map.

The determination of the advisory agency as to whether land shall be dedicated and payment of development fees required or whether a fee in lieu thereof shall be charged, shall be final.

.020 Determination. Land offered for dedication pursuant to Sections 17.08.200 through 17.08.290 shall meet the criteria established in the Local Park Site Selection Criteria Policy. (Ord. 3474 § 2 (part); October 21, 1975: Ord. 3720 § 2 (part); June 21, 1977: Ord. 4913 § 1 (part); March 29, 1988.)

.010 Procedure. As an alternative to parkland dedication and payment of a development fee or payment of an inlieu fee, a park provision agreement may be entered into by the Subdivider and the City. Under the terms of such an agreement, a subdivider may develop and dedicate parkland or pay the cost thereof, in lieu of, and as a credit against, any other obligations established in Sections 17.08.200 through 17.08.290 in effect at the time the agreement entered into, provided that the parkland created by the agreement is consistent with the City's adopted Local Park Site Selection Criteria Policy.

.020 Determination. The decision to enter into a park provision agreement with a subdivider shall be within the discretion of the advisory agency. (Ord. 4913 § 2 (part); March 29, 1988.)

Prior to issuance of the building permit, the City Council shall designate the time when development of the park and recreational facilities shall be commenced. (Ord. 3474 § 2 (part); October 21, 1975: Ord. 3720 § 2 (part); June 21, 1977.)

If during the ensuing time between dedication of land for park purposes and commencement of first-stage development, circumstances arise which indicate that another site would be more suitable for local park or recreational purposes serving the subdivision and the neighborhood (such as receipt of a gift of additional park land or a change in school location), the land may be sold upon the approval of the City Council with the resultant funds being used for the purchase of a more suitable site. (Ord. 4913 § 2 (part); March 29, 1988.)

The land and fees received under Sections 17.08.200 through 17.08.280 shall be used only for the purpose of providing park and recreational facilities to serve the subdivision for which received, and the location of the land and the amount of fees shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. (Ord. 3474 § 2 (part); October 21, 1975.)

The City Council does hereby find, determine and declare as follows:

.010 In 1975, the Legislature of the State of California amended the Subdivision Map Act (Section 66410 et seq. of the California Government Code) so as to enable cities and counties to require either the dedication of land, the payment of fees or a combination of both, for park and recreational purposes as a condition of approval of a parcel map; and

.020 Section 66477 of the Subdivision Map Act provided for the regulations of the division of land which is not in a tract; and provided that such regulations for parcels are not more restrictive than the requirements for a tract; .030 Before a city may avail itself of the 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 .040 The City Council of the City has adopted a general plan containing such recreational element. (Ord. 3474 § 2 (part); October 21, 1975.)

Sections 17.08.290 through 17.08.370 shall apply to trailer parks and all residential areas not included in subdivisions except dwelling units for which building permits have been applied for within thirty days after the effective date of the ordinance codified in this section. (Ord. 3474 § 2 (part); October 21, 1975.)

.010 Where the City Council finds that, upon future development of an undeveloped or substantially undeveloped area of the City, or redevelopment of a developed area of the City, said area cannot be adequately or properly served by existing public library services, the City Council may by resolution establish a library facilities development impact fee for the providing of public library services. Said library facilities development impact fee shall establish the actual or estimated cost of said public library services citywide and the method of apportionment of the cost of said services.

The term "public library services" as used herein shall include the land, structures, equipment, collections, and any other items as determined by the City Council to be reasonably necessary to provide adequate public library services Citywide.

.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 library facilities development impact fee, as a condition of approval of any final map or parcel map for any residential development within the City 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 the City, 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.

.025 Notwithstanding the requirements of subsection .020 of this section, in the event the subdivider or developer of property enters into an agreement with the City prior to the date payment of said fees would otherwise be required pursuant to subsection .020 of this section, and such agreement provides for a payment date different from the date otherwise specified in subsection .020 of this section, payment of said fees shall be required at the time specified in said agreement.

.030 The City, at its sole discretion, may accept considerations consistent with, or necessary for, implementation of said library facilities development impact fee in lieu of the payment, in whole or part, of fees otherwise required by this section. Said considerations may include, but are not limited to, the dedication of land to the City as a public library site.

.040 All fees collected by the City pursuant to this section shall be deposited in a public library services fund. Moneys in such fund shall be expended solely for the construction, equipping and supplying of said services, as set forth in said public library development impact fee, or to reimburse the City for the cost thereof, except that any funds remaining in, or accruing to, said fund following payment of all of the aforesaid costs and expenses may be used by the City for the maintenance, repair, staffing or other costs directly relating to said services. The term "construction" as used herein shall include design, acquisition of land, administration of construction contracts, and actual construction costs. (Ord. 4482 § 1; February 21, 1984; Ord. 4546 § 1; October 16 1984; Ord. 4993 § 1; (part); February 7, 1989; Ord. 5966 § 29; April 26, 2005: Ord. 6625 § 5; April 21, 2026.)

As a condition of approval of a tract or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutters' rights, drainage, easements, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets, alleys, drainage easements, public utility easements, and other public or private easements. (Ord. 3474 § 2 (part); October 21, 1975.)

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 established 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 the drainage areas established by the City. (Ord. 3743 § 2 (part); July 26, 1977.)

Pursuant to Section 66483 of the Government Code, the City of Anaheim has adopted a drainage plan for each of those certain drainage areas as more particularly described in the Master Plan for Drainage adopted by the City Council of the City of Anaheim on January 15, 1974, by Resolution No. 74R-11 as amended by Resolution No. 83R478 adopted by the City Council of the City of Anaheim on December 13, 1983. The plan for each such drainage area contains an estimate of the total costs of constructing the local drainage facilities required by the plan and a map of such area showing its boundaries and the location of such facilities. (Ord. 3743 § 2 (part); July 26, 1977: Ord. 4464 § 1; December 20, 1983.)

The purpose of this section is to make provision for assessing and collecting fees as a condition of approval of a final tract map or parcel map or as a condition of issuing a building permit for the purpose of defraying the actual or estimated costs of constructing any bridges or major thoroughfares pursuant to Section 66484 of the Government Code. (Ord. 3743 § 2 (part); July 26, 1977.)

No charge, area of benefit or local benefit district shall be established for the purpose of defraying the actual or estimated cost of constructing 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 improvements 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 days prior to the date established for hearing. (Ord. 3743 § 2 (part); July 26, 1977.)

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 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 benefitted 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 such facilities, bridges or thoroughfares 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 thereafter 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 improvements to serve the subdivision only and the actual

cost of such improvements pursuant to the provisions of the Subdivision Map Act. (Ord. 3743 § 2 (part); July 26, 1977.)

a. A building permit applicant, as a condition of issuance of a building permit, shall pay a fee as hereinafter established to defray the costs of constructing bridges over waterways, railways. freeways and canyons, or constructing major thoroughfares.

b. Definitions.

(1) The term "construction" as used in this section includes preliminary studies, design, acquisition of right-of-way, administration of construction contracts, and actual construction.

(2) The term "major thoroughfare" means those roads designated as transportation corridors and major, primary, secondary, or commuter highways on the Master Plan of Arterial Highways of the County of Orange or the Circulation Element of the General Plan of the City of Anaheim. The primary purpose of such roads is to carry through traffic and provide a network connecting to the State highways system.

(3) "Bridge facilities" mean those locations identified in the transportation or flood control provisions of the Circulation Element or other element of the General Plan as requiring a bridge to span a waterway, a railway, freeway, or canyon.

(4) "Area of benefit" means a specified area wherein it has been determined that the real property located therein will benefit from the construction of a major thoroughfare or bridge project.

c. The provisions herein for payment of a fee shall apply only if the major thoroughfare or bridge facility has been included in an element of the City's General Plan or the General Plan of the County of Orange adopted at least thirty days prior to the application for a building permit and on land located within the boundaries of the area of benefit.

d. Payment of fees shall not be required unless any major thoroughfares are in addition to, or a widening or reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit.

e. Payment of fees shall not be required unless any planned bridge facility is a new bridge serving the area or an addition to an existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit.

f. Action to establish an area of benefit may be initiated by the City Council upon its own motion or upon the recommendation of either the Director of Community Development and Planning or the City Engineer. The City Council shall set a public hearing for each proposed area benefited. Notice of the time and place of said hearing including preliminary information related to the boundaries of the area of benefit, estimated costs and the method of fee apportionment shall be given in the following manner:

(1) Notice shall be given at least ten calendar days before the hearing by the following:

(a) Notice published at least once in a newspaper of general circulation within the proposed area of benefit.

(b) Notices sent by first-class mail addressed to each property owner within the boundary of the proposed area of benefit.

g. (1) At the public hearing the City Council will consider the testimony, written protests, and other evidence. At the conclusion of the public hearing, the City Council may, unless a majority written protest is filed and not withdrawn as specified in subsection (g) (3), determine to establish an area of benefit. If established, the City Council shall adopt a resolution describing the boundaries of the area of benefit, setting forth the cost, whether actual or estimated, and the method of fee apportionment. A certified copy of such resolution shall be recorded by the City Clerk with the Orange County Recorder's Office.

(2) Such apportioned fee shall be applicable to all property within the area of benefit and shall be payable as a condition of issuing a building permit for such property or portions thereof. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the City Council shall make provisions for payment of the share of improvement cost apportioned to such lands from other sources.

(3) Written protests shall be received by the City Clerk at any time prior to the close of the public hearing. If written protests are filed by the owners of more than one-half of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented by the protests to less than one-half of the area to be benefited, then the proposed proceedings shall be abandoned, and the City Council shall not, for one year from the filing of said written protests, commence or carry on any proceedings for the same improvement under the provisions of this section. Any protests may be withdrawn by the owner making the same, in writing, at any time prior to the close of the public meeting.

(4) If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of one year, but the City Council shall not be barred from commencing new proceedings not including any part of the improvement so protested against. Such proceedings shall be commenced by a new notice and public hearing as set forth in subsection (f) of this section.

(5) Nothing in this section shall prohibit the City Council, within such one-year period, from commencing and carrying on new proceedings for the construction of an improvement or portion of the improvements so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with such improvement or portion thereof.

Council, within such one-year period, from commencing and carrying on new proceedings for the construction of an improvement or portion of the improvements so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with such improvement or portion thereof.

h. Fees paid pursuant to this section shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the area of benefit is one in which more than one bridge or major thoroughfare is required to be constructed, a separate fund may be established covering all of the bridge projects or major thoroughfares in the area of benefit. If the area of benefit encompasses one or more bridges and one or more thoroughfares and all lands within the area of benefit are subject to the same proportionate fee for all bridges and thoroughfares, a single fund may be established to account for fees paid. Moneys in such fund shall be expended solely for the construction or reimbursement for construction of the improvements serving the area to be benefited and from which the fees comprising the fund were collected, or to reimburse the City for the costs of constructing the improvement.

i. The City Council may approve the acceptance of consideration in lieu of the payment of fees established herein. j. The City Council may approve the advancement of money from the General Fund or Road Fund to pay the costs of constructing the improvements covered herein and may reimburse the General Fund or Road Fund for such advances from planned bridge facility or major thoroughfare funds established pursuant to this section.

k. If the building permit applicant, as a condition of the issuance of the building permit, is required or desires to construct a bridge or major thoroughfare, the City Council may enter into a reimbursement agreement with the applicant. Such agreement may provide for payments to the applicant from the bridge facility or major thoroughfare fund covering that specific project to reimburse the applicant for costs not allocated to the applicant's property in the resolution establishing the area of benefit. If the bridge or major thoroughfare fund covers more than one project, reimbursements shall be made on a pro rata basis reflecting the actual or estimated costs of the projects covered by the fund.

l. The procedure set forth in this section shall be deemed alternative to the establishment of a fee by any other procedure authorized by law including but not limited to the provisions of Sections 17.08.420, 17.08.425 and 17.08.430 of this Code. (Ord. 4640 § 1; August 20, 1985.)

.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 by existing public streets, the City Council may by resolution establish a Public Street Facilities Plan for the providing of new public street facilities for said area.

The term "area" as used herein shall include any contiguous or noncontiguous portion of the City containing two or more parcels of land. The term "public street facilities" as used herein shall include the cost of any necessary right-ofway, street improvements, paving, curbs and gutters, side walks, storm drains, public utilities, street lights, traffic signals and any other improvements and equipment which the City Council determines are reasonably necessary to provide adequate traffic circulation, public street access, and other public facilities within the area of benefit. Where the City Council finds that less than all of the properties within the proposed area of benefit are either (i) then currently under development or (ii) have received development permit approval by the City within the immediately preceding two-year period, and further finds that a majority of the property within the proposed area of benefit may remain undeveloped for more than one year from the date such Plan is approved, the public street facilities included in said Plan may, at the City Council's discretion, include only those facilities found reasonably necessary to serve said properties which are (i) then currently under development or (ii) have received development permit approval by the City within the immediately preceding two-year period, or (iii) which the City Council finds will be under development within one year from the date such Plan approved. Said Public Street Facilities Plan shall establish the boundaries of the area of benefit, the actual or estimated cost of the facilities, including the cost of acquisition of any right-of-way necessary therefor, and the method of apportionment of the cost of said facilities. The term "development permit" as used herein shall include any zone reclassification, conditional use permit, zone variance, development agreement, or other discretionary permit approved by the City of Anaheim. "Cost of acquisition" includes costs for legal, appraisal, and other costs associated with condemnation or acquisition of the right-of-way.

of apportionment of the cost of said facilities. The term "development permit" as used herein shall include any zone reclassification, conditional use permit, zone variance, development agreement, or other discretionary permit approved by the City of Anaheim. "Cost of acquisition" includes costs for legal, appraisal, and other costs associated with condemnation or acquisition of the right-of-way.

.020 The City shall require a subdivider or developer of property (hereinafter referred to jointly as "developer") to pay such fees as established in the Public Street Facilities Plan, together with any interest payable thereon pursuant to subparagraph .090 of this section, 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. Any fees and interest collected by the City pursuant to this section shall be deposited in a Public Street Facilities Fund established for the benefit area and shall be expended only for the purposes set forth therein.

.025 Notwithstanding the requirements of subsection .020 of this section, in the event the subdivider or developer of property enters into an agreement with the City prior to the date payment of said fees would otherwise be required pursuant to subsection .020 of this section and such agreement provides for a payment date different from the date otherwise specified in subsection .020 of this section, payment of said fees shall be required at the time specified in said agreement.

.030 The City may require that a developer install or furnish all or any portion of the facilities specified in said Public Street 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 developer, and that said facilities be dedicated or conditionally 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 developer is required to install, furnish or finance the cost of facilities located outside the boundaries of said subdivision or property being developed but within an established area of benefit and which facilities serve or benefit other property outside the boundaries of said subdivision or property being developed, the City shall enter into a reimbursement agreement with such developer to reimburse such developer from fees and interest received by the

of facilities located outside the boundaries of said subdivision or property being developed but within an established area of benefit and which facilities serve or benefit other property outside the boundaries of said subdivision or property being developed, the City shall enter into a reimbursement agreement with such developer to reimburse such developer from fees and interest received by the

City pursuant to subsection .020 of this section for that portion of the actual cost of said facilities in excess of said developer's pro rata share thereof as determined pursuant to the provisions of said Public Street Facilities Plan together with developer's pro rata share of any interest thereon collected by City pursuant to subsection .090 of this section. .050 Prior to establishing any Public Street 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. Alternatively, notice may be given by both publication at least ten 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.

.060 At the public hearing the City Council shall consider the testimony, written protests, and other evidence. At the conclusion of the public hearing, the City Council may, unless a majority written protest is filed and not withdrawn or overruled as provided in subsection .070 of this section, determine to establish the Public Street Facilities Plan. If established, the City Council shall adopt a resolution describing the boundaries of the area of benefit, the actual or estimated cost of the facilities, and the method of fee apportionment.

ing, the City Council may, unless a majority written protest is filed and not withdrawn or overruled as provided in subsection .070 of this section, determine to establish the Public Street Facilities Plan. If established, the City Council shall adopt a resolution describing the boundaries of the area of benefit, the actual or estimated cost of the facilities, and the method of fee apportionment.

.070 Written protests shall be received by the City Clerk at any time prior to the close of the public hearing. If written protests are filed by the owners of more than one-half of the area of the property to be included in the area of benefit, and sufficient protests are not withdrawn nor the boundaries of the area of benefit revised so as to reduce the area represented by the protests to less than one-half of the area to be included in the Facilities Plan, then the proposed proceedings shall be abandoned unless the City Council overrules such majority protest by the affirmative vote of four-fifths of its total members in which event the City Council may proceed to adopt the Public Street Facilities Plan. .080 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 of this section.

.090 In addition to the amount of said fee as established pursuant to this section, the developer shall be required to pay interest thereon, to be collected by City at the time of payment of said fee, which interest shall commence to accrue upon the date of completion of said improvements or the date of adoption of the Public Street Facilities Plan whichever is later and shall be in an amount equal to the City's average annual rate of interest earned upon investment of its general fund. Said interest shall be compounded annually from the date of accrual to the date of payment. .100 The procedure set forth in this section shall be an alternative to any other procedure otherwise available under law. (Ord. 4748 § 1; August 26, 1986; Ord. 4993 § 1 (part); February 7, 1989.)

.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.

.025 Notwithstanding the requirements of subsection .020 of this section, in the event the subdivider or developer of property enters into an agreement with the City prior to the date payment of said fees would otherwise be required pursuant to subsection .020 of this section and such agreement provides for a payment date different from the date otherwise specified in subsection .020 of this section, payment of said fees shall be required at the time specified in said agreement.

nt the subdivider or developer of property enters into an agreement with the City prior to the date payment of said fees would otherwise be required pursuant to subsection .020 of this section and such agreement provides for a payment date different from the date otherwise specified in subsection .020 of this section, payment of said fees shall be required at the time specified in said agreement.

.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 of this section 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.

he 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 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. .052 At the public hearing the City Council shall consider the testimony, written protests, and other evidence. At the conclusion of the public hearing, the City Council may, unless a majority written protest is filed and not withdrawn or overruled as provided in subsection .054 of this section, determine to establish the Facilities Plan. If established, the City Council shall adopt a resolution describing the boundaries of the area of benefit, the actual or estimated cost of the facilities, and the method of fee apportionment.

.054 Written protests shall be received by the City Clerk at any time prior to the close of the public hearing. If written protests are filed by the owners of more than one-half of the area of the property to be included in the area of

benefit, and sufficient protests are not withdrawn nor the boundaries of the area of benefit revised so as to reduce the area represented by the protests to less than one-half of the area to be included in the Facilities Plan, then the proposed proceedings shall be abandoned unless the City Council overrules such majority protest by the affirmative vote of four-fifths of its total members in which event the City Council may proceed to adopt the Facilities Plan. .056 The procedure set forth in this section shall be an alternative to any other procedure otherwise available under law.

.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 of this section. (Ord. 4544 § 1; October 2, 1984; Ord. 4748 § 2; August 26, 1986; Ord. 4993 § 1 (part); February 7, 1989.)

.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 fire protection facilities, the City Council may by resolution establish a fire protection facilities plan for the providing of new fire protection facilities for said area. The term "fire 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 fire protection for the area of benefit. Said fire 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 may require a subdivider to pay a pro rata share of the actual or estimated cost of said facilities as a condition of approval of any final map or parcel map having boundaries wholly or partly within the area of benefit. .025 Notwithstanding the requirements of subsection .020 of this section, in the event the subdivider or developer of property enters into an agreement with the City prior to the date payment of said fees would otherwise be required pursuant to subsection .020 of this section and such agreement provides for a payment date different from the date otherwise specified in subsection .020 of this section, payment of said fees shall be required at the time specified in said agreement.

.030 The City may require that a subdivider install and furnish all or any portion of the facilities specified in said fire protection facilities plan, including facilities of a supplemental size, capacity or number for the benefit of property not within the subdivision, and that said facilities be dedicated to the public, as a condition of approval of any final map or parcel map having boundaries wholly or partly within the area of benefit.

.040 If a subdivider is required to install or furnish facilities which include facilities of a supplemental size, capacity or number for the benefit of property not within the subdivision, 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 of this section 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 fire protection facilities plan. (Ord. 4110 § 1; March 18, 1980; Ord. 4993 § 1 (part); February 7, 1989.)

.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 by existing water and/or electrical facilities, the City Council may by resolution establish a public utility facilities plan for the providing of new water production, storage, transmission and distribution facilities and/or electrical substation, transmission, sub-transmission, and distribution facilities for said area. The term "water production, storage, transmission and distribution facilities" as used herein shall include the

land, structures, pipelines, equipment and other related appurtenances as determined by the City Council to be reasonably necessary to provide an adequate water supply for the area of benefit. The term "electrical substation, transmission, sub-transmission and distribution facilities" as used herein shall include the land, structures, poles, towers, ducts, vaults, conductors, cables, equipment and other related appurtenances as determined by the Council to be reasonably necessary to provide adequate electrical service for the area of benefit. Said public utility 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 may require a subdivider, developer or applicant for water or electrical service to pay a pro rata share of the actual or estimated cost of said facilities as a condition of approval of any final map or parcel map having boundaries wholly or partly within the area of benefit.

.025 Notwithstanding the requirements of subsection .020 of this section, in the event the subdivider or developer of property enters into an agreement with the City prior to the date payment of said fees would otherwise be required pursuant to subsection .020 of this section and such agreement provides for a payment date different from the date otherwise specified in subsection .020 of this section, payment of said fees shall be required at the time specified in said agreement.

.030 The City may require that a subdivider, developer or applicant for water or electrical service install and furnish all or any portion of the facilities specified in said public utility facilities plan, including facilities of a supplemental size, capacity or number for the benefit of property not within the subdivision, and that said facilities be dedicated to the public, as a condition of approval of any final map or parcel map having boundaries wholly or partly within the area of benefit.

nstall and furnish all or any portion of the facilities specified in said public utility facilities plan, including facilities of a supplemental size, capacity or number for the benefit of property not within the subdivision, and that said facilities be dedicated to the public, as a condition of approval of any final map or parcel map having boundaries wholly or partly within the area of benefit.

.040 If a subdivider, developer or applicant for water or electrical service is required to install or furnish facilities which include facilities of a supplemental size, capacity or number for the benefit of property not within the subdivision, 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 of this section for that portion of the actual cost of said facilities in excess of said subdivider's, developer's or applicant's pro rata share thereof as determined pursuant to the provisions of said public utility facilities plan. (Ord. 4111 § 1; March 18, 1980; Ord. 4993 § 1 (part); February 7, 1989.)

.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 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 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 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. .012 At the public hearing the City Council shall consider the testimony, written protests, and other evidence. At the conclusion of the public hearing, the City Council may, unless a majority written protest is filed and not withdrawn or overruled as provided in subsection .014 of this section, determine to establish the Facilities Plan. If established, the City Council shall adopt a resolution describing the boundaries of the area of benefit, the actual or estimated cost of the facilities, and the method of fee apportionment.

.014 Written protests shall be received by the City Clerk at any time prior to the close of the public hearing. If written protests are filed by the owners of more than one-half of the area of the property to be included in the area of benefit, and sufficient protests are not withdrawn nor the boundaries of the area of benefit revised so as to reduce the area represented by the protests to less than one-half of the area to be included in the Facilities Plan, then the proposed proceedings shall be abandoned unless the City Council overrules such majority protest by the affirmative vote of four-fifths of its total members in which event the City Council may proceed to adopt the Facilities Plan.

.016 The procedure set forth in this section shall be an alternative to any other procedure otherwise available under law.

.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 following a public hearing thereon, duly noticed in the manner set forth in subsection .010 of this section.

il 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 following a public hearing thereon, duly noticed in the manner set forth in subsection .010 of this section.

.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. (Ord. 4546 § 2; October 16, 1984; Ord. 4748 § 3; August 26, 1986.)

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. (Ord. 3743 § 2 (part); July 26, 1977.)

Unless otherwise waived by the City Engineer upon good cause shown, the following improvement security shall be furnished to the City to guarantee the performance of any improvement agreement, contract or act required or authorized by the Subdivision Map Act, or any act required as a condition of approval of any tract or parcel map: .010 An amount equal to one hundred percent of the total estimated cost of the improvement or of the act to be performed conditioned upon the faithful performance of the act or agreement; and

.020 An additional amount equal to fifty percent of the total estimated cost of the improvement or the performance of the required act, securing payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act; and

.030 An amount equal to ten percent of the total estimated cost of the improvement or the performance of the required act, for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished;

.040 An amount equal to fifty percent of the total cost of any storm drain construction or improvements for the normal and proper maintenance of said work and improvements for a period of two years following the completion and acceptance thereof. (Ord. 3759 § 2 (part); August 30, 1978.)

Any improvement security required under the provisions of this chapter shall be in a form authorized by the Subdivision Map Act. If the improvement security is other than a bond or bonds furnished by duly authorized corporate surety, an additional amount shall be included as determined by the City Council as necessary to cover the cost and reasonable expenses and fees, including reasonable attorneys' fees, which may be incurred by the City in successfully enforcing the obligation secured.

The improvement security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed ten percent of the original estimated cost of the improvement. (Ord. 3759 § 2 (part); August 30, 1978.)

In the event the required subdivision improvements are financed and installed pursuant to special assessment proceedings, the subdivider may apply to the City Council for a reduction in the amount of the improvement security required hereunder up to an amount corresponding to the amount of faithful performance and labor and material bonds required by the special assessment act being used. The City Council may grant such reduction if it finds that such bonds have been in fact provided and that the obligations secured thereby are substantially equivalent to that required by this chapter. (Ord. 3474 § 2 (part); October 21, 1975.)

The improvement security required hereunder shall be released in the following manner:

.010 Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work.

.020 Security given to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment, may, six months after the completion and acceptance of the act or work, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the City Council to be required to assure the performance of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given.

.030 No security given for the guaranty or warranty of work shall be released until the expiration of the period thereof. (Ord. 3474 § 2 (part); October 21, 1975.)

Subdivided property may be reverted to acreage pursuant to provisions of this chapter. (Ord. 3474 § 2 (part); October 21, 1975.)

Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the City Engineer. The petition shall contain the information required by Section 17.08.540 and such other information as required by the City Engineer. (Ord. 3474 § 2 (part); October 21, 1975.)

The City Council, at the request of any person or on its own motion, may by minute order initiate proceedings to revert property to acreage. The City Council shall direct the City Engineer to obtain the necessary information for the city to initiate and conduct the proceedings. (Ord. 3474 § 2 (part); October 21, 1975: Ord. 3720 § 2 (part); June 21, 1977.)

Petitioners shall file the following:

.010 Evidence of title to the real property; and

.020 Evidence of the consent of all of the owners of an interest(s) in the property; or

.030 Evidence that none of the improvements required to be made have been made within two years from the date the final tract map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

.040 Evidence that no lots shown on the final tract or parcel map have been sold within five years from the date such final or parcel map was filed for record;

.050 A final reversion to acreage map in the form prescribed by the City Engineer which delineates dedications

which will not be vacated and dedications required as a condition to reversion. (Ord. 3474 § 2 (part); October 21, 1975.)

A public hearing shall be held before the City Council on all petitions for initiations for reversions to acreage. Notice of the public hearing shall be given as provided in Section 66451.3 of the Government Code. The City may give such other notice that it deems necessary or advisable.

The City Council may approve a reversion to acreage only if it finds and records in writing that:

.010 Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

.020 Either:

.011 All owners of an interest in the subdivision have consented to reversion; or

.012 None of the improvements required to be made have been made within two years from the date the final tract or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

.013 No lot shown on the final tract or parcel map was filed for record.

The City Council may require as conditions of the reversion:

.030 The owners dedicate or offer to dedicate streets or easements.

.040 The retention of all of a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the provisions of this Chapter. (Ord. 3474 § 2 (part); October 21, 1975.)

Except as provided in Section 17.08.530.040, upon filing of the final map for reversion to acreage with the County Recorder, all fees and deposits shall be returned to the subdivider, and all improvement securities shall be released by the City Engineer. (Ord. 3473 § 2 (part); October 21, 1975: Ord. 3720 § 2 (part); June 21, 1977.)

After the hearing before the City Council and approval of the reversion, the final map shall be delivered to the County Recorder. (Ord. 3474 § 2 (part); October 21, 1975.)

Reversion shall be effective upon the final map being filed for record by the County Recorder. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect. (Ord. 3474 § 2 (part); October 21, 1975.)

.010 At the time of making the survey for the final tract or parcel map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey.

.020 All monuments necessary to establish the exterior boundaries of the subdivision shall be set or referenced prior to recordation of the final tract or parcel map.

.030 That cash, bonds or some other security in an amount as determined by the City Engineer and in a form satisfactory to the City Attorney, shall be posted with the City to guarantee the performance under subsections .010 and .020 of this section. (Ord. 3474 § 2 (part); October 21, 1975; Ord. 3668 § 1, March 22, 1977.)

No parcel or tentative track map filed pursuant to the provisions of this chapter shall be approved until an environmental impact analysis is prepared, processed and considered in accordance with the provisions of California Environmental Act. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents. (Ord. 3474 § 2 (part); October 21, 1975.)

Every map approved pursuant to this chapter shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property, set forth in Chapters 17.04 and 17.06 of this Code. (Ord. 3474 § 2 (part); October 21, 1975.)

.010 Utility lines including, but not limited to, electrical, telephone, street lights, water and cable television shall be placed underground. Necessary surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, ducts, street lighting or signal control cabinets and other associated equipment in an underground system may be placed above ground. The General Manager of the Public Utilities Department may waive the requirements of this paragraph if topographical, soil or other conditions make such underground installations impractical. This paragraph shall not apply to utility lines which do not provide service to the area being subdivided or developed.

.020 Where alleys are not provided, sewer, public utility and/or drainage easements shall be provided and shall be of such width, type and location as determined to be necessary by the General Manager of the Public Utilities Department and the City Engineer or serving utility as the case may be.

.030 Underground utility easements shall be provided and shall be of such width and location as determined to be necessary by the General Manager of the Public Utilities Department or serving utility as the case may be.

.040 Public easements shall be cleared of all structures, by the person or persons providing said easement, at no expense to the City of Anaheim.

.050 Encroachments are not permitted into public easements. (Ord. 3474 § 2 (part); October 21, 1975: Ord. 4017 § 4; June 5, 1979.)

The size, location and layout of special areas proposed to be dedicated to the public use for the parking of motor vehicles shall be in conformance with Title 18 of this Code and such other regulations as the City Council may adopt.

(Ord. 3474 § 2 (part); October 21, 1975.)

Lot areas shall be such as will conform to the standards of development as defined in Title 18 of this Code, entitled "Zoning," or by other official plans adopted pursuant to law. (Ord. 3474 § 2 (part); October 21, 1975: Ord. 5329 § 8; August 25, 1992.)

Landscaping and natural features shall be in conformance with Chapter 17.06 and Title 18 of this Code and such other regulations as the City Council may adopt. (Ord. 3474 § 2 (part); October 21, 1975: Ord. 5329 § 10; August 25, 1992.)

Soils Engineering Reports and Engineering Geological Reports shall be furnished to the City as required by Chapter 17.06, unless waived by the City Engineer. (Ord. 3474 § 2 (part); October 21, 1975.)

Conditional exceptions to the regulations herein defined may be authorized by the advisory agency if it finds that exceptional or special circumstances apply to the property. Such special circumstances may include limited size, unusual shape, extreme topography, dominating drainage problems or the impracticability of employing a conforming plan or layout by reason of prior existing recorded subdivisions of contiguous properties.

Application for waiver of the requirements of this chapter shall be made at the time of the filing of a tentative map. The decision of the advisory agency shall be subject to appeal to the City Council in the manner set forth in Section 17.08.100.030. (Ord. 3474 § 2 (part); October 21, 1975: Ord. 3720 § 2 (part); June 21, 1977.)