.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-of-way, 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.
.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 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.
.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.)