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5191W ORDINANCE NO. 5191 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 17.08.060, 17.08.080, 17.08.100, 17.08.110, 17.08.120, 17.08.160, 17.08.170 AND 17.08.180 OF CHAPTER 17.08, AMENDING SECTIONS 17.09.130 AND 17.09.170 OF CHAPTER 17.09 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SUBDIVISIONS AND AMENDING SECTION 18.12.040 OF CHAPTER 18.12 OF TITLE 18 RELATING TO ZONING ADMINISTRATOR THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That subsections .010 and .020 of Section 17.08.060 of Chapter 17.08 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.010 Tentative Tract Maps and Vesting Tentative Maps. The City Planning Commission shall constitute the "advisory agency" for tentative tract maps and vesting tentative maps. .020 Tentative Parcel Maps. The City Planning Commission or the Zoning Administrator shall constitute the 'advisory agency' for tentative parcel maps that require, or applications that request, zoning action in conjunction with the proposed subdivision of land. Zoning actions shall include General Plan Amemdments, Specific Plans, Reclassifications, Variances, and Conditional Use Permits. The City Engineer shall constitute the 'advisory agency' for all other tentative parcel maps. The City Engineer may refer a tentative parcel map to the Planning Commission when the City Engineer determines that the general public interest warrants such referral." SECTION 2. That Section 17.08.080 of Chapter 17.08 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "When a parcel map is required by this chapter, a tentative parcel map shall first be filed. A tentative parcel map shall be filed with the Planning Department 01 W if the Planning Commission or Zoning Administrator is the advisory agency. A tentative parcel map shall be filed with the Public Works -Engineering Department if the City Engineer is the advisory agency. Said maps shall meet all the requirements for tentative maps provided by the Subdivision Map Act and this chapter. The subdivider shall provide as many copies of the tentative map as may be required by the Planning Department and Public Works -Engineering Department." SECTION 3. That subsections .010 Chapter 17.08 of Title 17 of the the same are hereby, amended and added to read as follows: and .020 of Section 17.08.100 of Anaheim Municipal Code be, and that new subsection .015 is 11.010 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. The Planning Director or his/her designee shall advise and assist in making investigations and reports on tentative maps. .015 The Zoning Administrator shall make investigations on the design and improvement of any proposed division of real property for which a tentative parcel map is filed for which the Zoning Administrator is the advisory agency and shall have the authority to approve, conditionally approve, or disapprove such map and division of land. The Planning Director or his/her designee shall advise and assist in making investigations and reports on tentative maps. .020 The City Engineer shall make investigations on the design and improvement of any proposed division of real property for which a parcel map is filed for which the City Engineer is the advisory agency and shall have the authority to impose requirements or conditions upon such division of land, and to approve, conditionally approve or disapprove such map and division of land." SECTION 4. That Section 17.08.110 of the Anaheim Municipal Code be, and read as follows: 2 Chapter 17.08 of Title 17 of the same is hereby, amended to W 1117.08.110 EXPIRATION OF TENTATIVE MAP APPROVAL .010 Expiration. An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval or such further additional time as required by the Subdivision Map Act. .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 Advisory Agency, 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." SECTION 5. That Section 17.08.120 of Chapter 17.08 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 6. That Section 17.08.160 of Chapter 17.08 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 1117.08.160 PROCEDURE REGARDING TENTATIVE MAPS The advisory agency shall approve, conditionally approve, or disapprove the tentative map within fifty (50) 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." W SECTION 7. That Section 17.08.170 of Chapter 17.08 of Title 17 of the Anaheim Municipal Code be, and it is hereby, amended to read as follows: "17.08.160 COUNCIL ACTION ON TENTATIVE MAP - APPEAL 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." SECTION 8. That Section 17.08.180 of Chapter 17.08 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "17.08.180 PREPARATION OF FINAL MAP .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." SECTION 9. That Section 17.09.130 of Chapter 17.09 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 4 "17.09.130 APPLICATION Whenever the provisions of the Subdivision Map Act and Chapter 17.08 require the filing of a tentative tract map or tentative parcel map -- for development, a vesting tentative map may instead be filed in accordance with the provisions of this chapter." SECTION 10. That subsection .010 of Section 17.09.170 of Chapter 17.09 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 1117.09.170 VESTING OF MAP .010 The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with the development in accordance with, and subject to, the provisions of the Subdivision Map Act and this chapter." SECTION 11. That Section 18.12.040 of Chapter 18.12 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 1118.12.040 AUTHORITY AND DUTIES Subject to the general control and supervision of the Planning Director, the Zoning Administrator shall have the authority to decide and determine petitions filed under Sections 18.12.045 (Parcel Maps), 18.12.050 (Conditional Use Permits), 18.12.060 (Variances) and 18.12.080 (Administrative Adjustments)." SECTION 12. That new Section 18.12.045 be, and the same is hereby, added to Chapter 18.12 of Title 18 of the Anaheim Municipal Code to read as follows: 1118.12.045 PARCEL MAPS Notwithstanding any other provision of this Code to the contrary, the Zoning Administrator shall have the authority, after holding a public hearing as provided in Chapter 17.08 of this Code, to make determinations on applications for tentative parcel maps which require, or the applicant requests a 5 conditional use permit and/or variance in conjunction with the proposed subdivision of land which permit or variance the Zoning Administrator is authorized to determine under Sections 18.12.050 and 18.12.060 of this Chapter." SECTION 13. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 14. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 11th day of December, 1990. ATTES\ T :/"'� CIS CLERK OF THE CITY OF ANAHEIM SJM:kh:db 112790 067PMAPS.159 rl MAYOR OF TH CI OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF ANAHEIM } I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5191 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 4th day of December, 1990, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 11th day of December, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5191 on the 12th day of December, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of December, 1990. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5191 and was published once in the Anaheim Bulletin on the December 21, 1990. CITY CLERK OF THE CITY OF ANAHEIM