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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
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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:
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Chapter 17.08 of Title 17 of
the same is hereby, amended to
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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."
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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:
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"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
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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
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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