1 ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTER 17.08 (SUBDIVISIONS),
CHAPTER 17.34 (DEVELOPMENT FEES) AND
CHAPTER 17.36 (PUBLIC SAFETY FACILITIES
AND VEHICLE EQUIPMENT IMPACT FEES) OF
TITLE 17 (LAND DEVELOPMENT AND
RESOURCES) OF THE ANAHEIM MUNICIPAL
CODE AND FINDING AND DETERMINING THAT
THIS ORDINANCE IS NOT SUBJECT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT TO SECTION 15060(C)(2),
15060(C)(3) AND 15061(B)(3) OF THE STATE CEQA
GUIDELINES, BECAUSE IT WILL NOT RESULT IN
A DIRECT OR REASONABLY FORESEEABLE
INDIRECT PHYSICAL CHANGE IN THE
ENVIRONMENT BECAUSE THERE IS NO
POSSIBILITY THAT IT MAY HAVE A SIGNIFICANT
EFFECT ON THE ENVIRONMENT AND BECAUSE
IT IS NOT A PROJECT AS DEFINED IN SECTION
15378 OF THE CEQA
WHEREAS, the City has recently updated its Development Impact Fee Justification Study to bring up to date the various development impact fees applicable throughout the City of Anaheim; and
WHEREAS, the City Council desires to update and conform various provisions of Title 17 of the Anaheim Municipal Code to the recent Development Impact Fee Justification Study performed for the City of Anaheim ; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance; and
WHEREAS, the City Council finds and determines that this ordinance is not subject to CEQA pursuant to Section 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility that it may have a significant effect on the environment, and because it is not a “project,” as that term is defined in Section 15378 of the State CEQA Guidelines; and
2 WHEREAS, the City Council determines that this ordinance is in accord with the public purposes and provisions of applicable State and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
SECTION 1. That Section 17.08.240 (Population Density) of Chapter 17.08 (Subdivision) of Title 17 (Land Development and Resources) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
“17.08.240 POPULATION DENSITY.
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.”
SECTION 2. That Section 17.08.250 (Amount of Land to be Dedicated and Development Fee) of Chapter 17.08 (Subdivision) of Title 17 (Land Development and Resources) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
“17.08.250 AMOUNT OF LAND TO BE DEDICATED AND DEVELOPMENT FEE.
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) 3 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:
Impact Fee per = Cost per Acre x City Park x Population per Dwelling Unit (Land+Development) Standard Household/1,000 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”
SECTION 3. That Section 17.08.260 (Amount of Fee in Lieu of Land Dedication and Development Fee) of Chapter 17.08 (Subdivision) of Title 17 (Land Development and Resources) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
“17.08.260 AMOUNT OF FEE IN LIEU OF LAND DEDICATION AND DEVELOPMENT FEE.
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:
Impact Fee per = Cost per Acre x City Park x Population per Dwelling Unit (Land+Development) Standard Household/1,000” SECTION 4. That Section 17.08.330 (Relation of Land Required to Population Density) of Chapter 17.08 (Subdivision) of Title 17 (Land Development and Resources) of the Anaheim Municipal Code be, and the same is hereby repealed in its entirety.
SECTION 5. That Section 17.08.385 (Public Library Facilities Services Areas- Payment of Fees Required) of Chapter 17.08 (Subdivision) of Title 17 (Land Development and Resources) 4 of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
“17.08.385 PUBLIC LIBRARY FACILITIES SERVICES - PAYMENT OF FEES REQUIRED.
.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 5 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.” SECTION 6. That Section 17.34.020 (Population Density) of Chapter 17.34 (Development Fees) of Title 17 (Land Development and Resources) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
“17.34.020 POPULATION DENSITY.
For the purpose of Sections 17.34.010 through 17.34.030, population density shall be determined in accordance with the following schedule of densities, by dwelling unit, as derived from the most recently 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.” SECTION 7. That Section 17.34.030 (Amount of Fee) of Chapter 17.34 (Development Fees) of Title 17 (Land Development and Resources) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
“17.34.030 AMOUNT OF FEE.
Where a fee is required to be paid, the amount of such fee shall be established by resolution. The fees shall be based on the following formula:
Impact Fee per = Cost per Acre x City Park x Population per Dwelling Unit (Land+Development) Standard Household/1,000” SECTION 8. That Section 17.34.040 (Application of Fees) of Chapter 17.34 (Development Fees) of Title 17 (Land Development and Resources) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
“17.34.040 APPLICATION OF FEES.
Sections 17.34.010 through 17.34.030 shall apply to building permits for all residential developments not a part of a subdivision for which dedication of parkland and/or development fees were imposed and paid as a condition of subdivision approval.
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 6 750 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”
SECTION 9. That Chapter 17.36 (Public Safety Facilities and Vehicle Equipment Impact Fees) of Title 17 (Land Development and Resources) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows:
“Chapter 17.36 PUBLIC SAFETY FACILITIES AND VEHICLE AND
EQUIPMENT IMPACT FEES
17.36.010 Statement of purpose.
17.36.020 Fire Suppression Facilities and Vehicle and Equipment Impact Fee.
17.36.030 Law Enforcement Facilities and Vehicle and Equipment Impact Fee.
17.36.040 Review and adjustment of fees.
17.36.050 Exemptions.
17.36.060 Limited use of fees.
17.36.070 Credits for duplicative fees.
17.36.080 Fee adjustments.
17.36.090 Enforcement.
17.36.100 Application of fee.
17.36.010 STATEMENT OF PURPOSE.
The purpose of this chapter is to implement the goals and objectives of: (1) (a) the Public Services and Facilities Element of the City of Anaheim General Plan, as subsequently amended from time to time, (b) the Public Safety Services Master Facility Plan, and, (c) the Development Impact Fee Justification Study as subsequently amended from time to time(hereinafter referred to as the “Fee Study”) on file in the Anaheim Finance Department and incorporated herein by this reference; and (2) mitigate the impacts on fire suppression and emergency services and law enforcement and crime prevention services caused by new and expanded development, along with redevelopment within the City. For said purpose, the City Council has determined that a Fire Facilities Development Impact Fee is needed to finance the construction and relocation of fire stations and facilities and the acquisition of vehicles and equipment needed to serve new residential, retail/commercial, office, hotel/motel, and industrial developments and expansions and additions to such existing developments; and that a Police Facilities Development Impact Fee is needed to finance the construction and/or expansion and addition of police stations and the acquisition of vehicles and equipment needed to serve new residential, retail/commercial, office, hotel/motel, and industrial developments and expansions and additions to such existing developments. The Fire Facilities and Police Facilities Development Impact Fee area is consistent with the boundaries of the City limits. In establishing the fees described in the following sections, the City Council hereby finds the fees to be consistent with its General Plan.
7 17.36.020 FIRE SUPPRESSION FACILITIES AND VEHICLE AND EQUIPMENT IMPACT FEE.
.010 The Fire Facilities Development Impact Fee is hereby established, applicable to new residential, retail/commercial, office, hotel/motel, and industrial developments in the City and for expansions of and additions to existing developments (“Fire Facilities Development Impact Fee”). The City Council shall, by Council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, list the specific public improvements, facilities and equipment to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between the Fire Facilities Development Impact Fee and the various types of new developments and set forth time for payment.
.020 Payment of Fee. Except as otherwise provided in Section 66007 of the Government Code, the Fire Facilities Development Impact Fee shall be collected prior to approval of each building permit.
17.36.030 LAW ENFORCEMENT FACILITIES AND VEHICLE AND
EQUIPMENT IMPACT FEE.
.010 The Police Facilities Development Impact Fee is hereby established, applicable to new residential, retail/commercial, office, hotel/motel, and industrial developments in the City and for expansions of and additions to existing developments (“Police Facilities Development Impact Fee”). The City Council shall, by Council resolution, set forth the specific amount of the fee, describe the benefit and impact area on which the development fee is imposed, list the specific public improvements, facilities and equipment to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between the Police Facilities Development Impact Fee and the various types of new developments and set forth time for payment.
.020 Payment of Fee. Except as otherwise provided in Section 66007 of the Government Code, the Police Facilities Development Impact Fee shall be collected prior to approval of each building permit.
17.36.040 REVIEW AND ADJUSTMENT OF FEES.
The City Council may review the Fire Facilities Development Impact Fee and the Police Facilities Development Impact Fee to determine whether the fee amounts are reasonably related to the impacts of developments and whether the described public improvements, facilities and equipment are still needed. The City Council may, periodically by resolution, adjust the amount of the Fire Facilities Development Impact Fee and the Police Facilities Development Impact Fee established by this chapter in accordance with the estimated changes reflecting amendments or revisions to the Fee Studies.
8 17.36.050 EXEMPTIONS.
This chapter shall not apply to:
.010 Conversion of a building or structure to a similar or less intensive land use. .020 Reconstruction of any building or structure destroyed by fire or other natural cause, to the extent the replacement structure does not increase usable square footage. .030 That portion of any building or structure (“new structure”) which is constructed as a replacement for a substantially similar use of a building or structure (“original structure”) which existed on the property within ninety (90) days immediately preceding commencement of such construction. For purposes of calculating the fee payable pursuant to this chapter, the number of residential units, or (for a commercial/entertainment/amusement/industrial development) the square footage, of the original structure shall be deducted from the number of residential units or square footage of the new structure.
.040 That portion of any building or structure which is enlarged or expanded and which portion existed on such property immediately prior to commencement of such enlargement or expansion, provided the use of such portion is not otherwise changed. For purposes of calculating the fee payable pursuant to this chapter, the number of residential units, or (for a commercial/entertainment/amusement/industrial development) the square footage, of the original structure shall be deducted from the number of residential units or square footage of the new structure.
17.36.060 LIMITED USE OF FEES.
The revenues raised by payment of the Fire Facilities Development Impact Fee and the Police Facilities Development Impact Fee shall be placed into separate reserve funds, respectively, and such revenues, along with any interest earnings on that account, shall be used solely to pay for the City's acquisition, construction and relocation of facilities and for the acquisition of vehicles and equipment as specified in the Fee Studies, or to reimburse the City for such modifications constructed by the City or such acquisition made by the City with funds advanced by the City from other sources.
17.36.070 CREDITS FOR DUPLICATIVE FEES.
.010 Duplicative Fees. Fees or payments which are determined by the City Engineer to be duplicative of the fees imposed by this chapter, or development agreement, shall be credited against any fee (but only to the extent of the fee) which would otherwise be charged pursuant to this chapter.
17.36.080 FEE ADJUSTMENTS.
9 An owner or developer of any project subject to the fees imposed by this chapter may apply to the City Council for a reduction or adjustment to said fees, or a waiver of said fees, based upon the absence of a reasonable relationship or nexus between the impacts of that development on the need for public safety facilities and equipment and either the amount of the fees charged or the type of facilities or equipment to be financed. The application shall be made in writing and filed with the City Clerk not later than ten (10) days prior to the public hearing on the development permit application for the project, or if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The City Council shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty (60) days after the filing of the fee adjustment application, whichever is later. The City Council shall waive or adjust said fee where the City Council finds, based upon substantial evidence in the record, that such waiver or adjustment is necessary to ensure that said fee, if any, is related both in nature and extent to the impact of the proposed project. The decision of the City Council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of said fee.
17.36.090 ENFORCEMENT.
The City Attorney is hereby authorized and directed to initiate such legal proceedings as may be necessary to enforce the provisions of this chapter.
17.36.100 APPLICATION OF FEE.
The fees authorized by this chapter shall apply to the issuance of any building permit for any residential, commercial, entertainment, amusement, and industrial development project issued sixty (60) days following the date of adoption of this Chapter.” SECTION 10. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
SECTION 11. CERTIFICATION
10 The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim.
SECTION 12. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its final passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2026, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2026, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: _________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
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