18.40.060   DEDICATIONS AND IMPROVEMENTS.
   .010   Street and Other Right-of-Way Dedication and Improvement Required.  Anticipating that changes will occur in the local neighborhoods and the City generally, as a result of activities associated with the City's development and growth, the dedications and improvements in this section are deemed to be necessary to prevent congestion and other hazards that are related to the intensified use of the land, and to preserve the public health, safety and general welfare.  These requirements shall be met or complied with before any building permits are issued for development of the property, except as otherwise specifically set forth herein.
   .020   Dedication of Right-of-Way.  The right-of-way for all streets, highways, sewers, storm drains, and alleys which abut or cross the subject property shall be dedicated to the full width required by the City Engineer in accordance with the Circulation Element of the General Plan and any applicable Specific Plan, and as clarified by the City of Anaheim Standard Details or Precise Alignments, approved by the City Engineer; provided, however, that no dedication shall be required to widen an arterial highway to the additional width required to meet the Standard Detail No. 164-A (Supplemental Lanes Intersection Layout), as it may be revised from time to time.  Required setbacks shall be measured from the ultimate right-of-way shown on the Circulation Element of the General Plan and as clarified by the City of Anaheim Standard Details or Precise Alignments, approved by the City Engineer, including the Standard Detail No. 164-A (Supplemental Lanes Intersection Layout).  The right-of-way for all riding/hiking, pedestrian and mountain bike trails shall be dedicated to the full width required by the Director of Community Services in accordance with the Green Element of the General Plan and any applicable Specific Plan.  (Ord. 5944 § 18; September 28, 2004:  Ord. 6031 § 31; August 22, 2006.)
   .030   Improvement of Right-of-Way – General.  Unless otherwise required by the Subdivision Map Act, prior to issuance of occupancy permits, all street, highway, sewer, storm drain, street light, CATV, alley, trail improvements, parkway landscaping and median island landscaping shall have been installed, removed and reconstructed, and/or be in good repair, or improvement plans shall be required to be prepared to City of Anaheim standards and such improvements constructed, removed and reconstructed at their ultimate locations, or repaired.
      .0301   A faithful performance bond, in a form approved by the City Attorney and in an amount to be determined by the City Engineer, shall be posted to guarantee the construction of the required improvements.
      .0302   When the City Engineer has determined, in the interest of public health, safety and general welfare, that some or all of the improvements should be delayed until a future date, the obligations shall be fulfilled in either of the following ways:
         .01   Where the future date is known, a faithful performance bond, in the form approved by the City of Anaheim and in an amount to be determined by the City Engineer, shall be posted to guarantee construction at a future date, provided the City Engineer has determined that posting a bond is in the interest of public safety and convenience; otherwise, a deposit shall be required as set forth in subparagraph .02;  or
         .02   Where the future date is undetermined, or where the future date is known and the City Engineer has determined that posting a bond is not in the interest of public safety or convenience, a sum of money, in an amount determined by the City Engineer to be sufficient to pay for the required improvements, shall be paid to the City of Anaheim; provided, however, the amount of the payment shall not exceed the impact created by the development project, as determined by the City Engineer.  Such payment shall constitute compliance with the obligations imposed by this subsection .030, and shall exonerate the property from the obligations imposed by this subsection .030.  Any payment received shall be placed in a special fund to be used solely for the improvement of rights-of-way, including but not limited to, improvements to the property for which the money was paid.
      .0303   Supplemental Lanes Intersection Layout.  In the case of properties abutting all or any portion of an intersection designated on the Circulation Element of the Anaheim General Plan as a supplemental lanes, as set forth in the Standard Detail No. 164 (Supplemental Lanes Intersection Layout), as it may be revised from time to time, compliance with the obligation imposed by subsection .0302.02 above shall be met by installation of all required improvements, or payment of a sum of money in an amount determined by the City Engineer to be sufficient to pay for all required improvements, except those improvements or costs related directly to improvements for the supplemental lanes intersection layout which are in excess of standards otherwise applicable to the street or highway being improved.  Funds paid pursuant to this subsection shall be treated the same as those paid under subsection .0302.02 above.  (Ord. 5944  19; September 28, 2004.)
      .0304   Nothing herein shall be construed to relieve any property of any obligation to comply with any requirements imposed as a condition of approval for future permits.
   .040   Street Lighting and Cable Television Facilities.  Street lighting facilities and CATV underground structures shall be installed prior to issuance of occupancy permits, in accordance with the official street lighting plan and CATV specifications approved by the Public Utilities General Manager.  A performance bond shall be required, in an amount established by the General Manager and in a form approved by the City Attorney, to cover the installed cost of the facilities required.  In lieu of the installation of street lighting facilities, the General Manager may require street lighting fees on a front-foot charge basis for any abutting street or highway in an amount to recover the estimated cost for the street lighting facilities required in accordance with the official street lighting plan approved by the General Manager.  The requirement for installation or payment of street lighting facilities front-foot fee may be waived by the General Manager, if the subject property has previously been assessed a fee for the street lighting facilities, but none were installed due to compliance of the existing street lighting system with the official street lighting plan approved by the General Manager.
   .050   Public Utility Easements.  Public utility easements necessary to serve the subject property and/or area in which the subject property is situated shall be dedicated to the City, in accordance with the requirements of the Public Utilities General Manager.  Electrical utilities shall be placed underground and dedicated to the City of Anaheim, in accordance with the requirements of the Public Utilities General Manager, prior to issuance of occupancy permits.
   .060   Fire Protection Facilities.  Necessary fire protection facilities shall be installed, in accordance with the requirements of the Fire Chief, prior to issuance of occupancy permits or at such other time as required by the Fire Chief.
   .070   Automatic Exemptions.
      .0701   The following building permits are exempt from the requirements imposed by subsection .020 of this section:
         .01   Building permits for interior modifications of buildings or structures which do not increase the usable square footage of the building;
         .02   Building permits for replacement of a legally existing structure that is to be demolished, or that has been destroyed by fire, earthquake or other calamity to the extent the replacement structure does not increase usable square footage;
         .03   Building permits for any expansion of a legally existing single-family residence.
      .0702   The following building permits are exempt from the requirements imposed by subsections .030 through .060 of this section:
         .01   Building permits for interior modifications of legally existing buildings or structures which do not increase the usable square footage of the building;
         .02   Building permits for replacement of a legally existing structure that is to be demolished, or that has been destroyed by fire, earthquake or other calamity to the extent the replacement structure does not increase usable square footage.
         .03   Building permits wherein a minor addition is being added to a legally existing structure or building.  "Minor Addition" shall include an expansion of a single-family residence or any expansion of a commercial or industrial use, wherein the square footage of all buildings on the property is being expanded by one thousand (1,000) square feet or less within any two (2) year period. 
   .080   Discretionary Exemptions.  The City Engineer may grant exemptions from all or any portion of the requirements imposed by subsections .020 through .060 of this section.
      .0801   Before any such exemption is granted by the City Engineer, it shall be shown that either:
         .01   There is no reasonable relationship between the need for the required dedication and improvements and the type of development project on which such requirements are imposed; or
         .02   The cost of the required dedication and improvements unreasonably exceeds the burden or impact created by the development project.
      .0802   An application for exemption pursuant to this subsection .080 shall be made in writing on a form established for that purpose by the City Engineer.
      .0803   The decision of the City Engineer relating to an application for exemption pursuant to this subsection .080 shall be made in writing within fifteen (15) days following the receipt of a completed application for exemption.
   .090   Decisions of the City Engineer pursuant to subsection .080 above may be appealed to the Planning Commission, in accordance with the procedures established in Chapter 18.60 (Procedures) for the processing of variances, except that the findings set forth in Section 18.74.060 (Findings) of Chapter 18.74 (Variances) shall not be required, and provided that such decisions shall be subject to the findings for Discretionary Exemptionsin paragraph .0801 of subsection .080 above.  (Ord. 5920 § 1 (part); June 8, 2004:  Ord. 6064 § 1; July 17, 2007.)