PC 75-201~ ~
~soLVr=~~*r ru~. PC75-2~1
A RE.SOLUTION OF TFff: PIAtdNIIIG C~ONd''IISSION OP TI~ CITY OF A*IAi~IM
RE)CbN@'~:3'IDING 'IC1 Tf~ CITY ODUNCIL OF TE~ CITY ~~ I~NAI3E7D7 RcD~T
CFtP,P'.fF.R 17.08 OF TFIF ANAIIEIN[ MUNICSPAL CODF; Bf.' I~EJ1iT7) APR~
THAT A I~J CFIAPTF:R'17.08 BE ADDID. REI11T7T]G 'P~ S[JFlnIVISIrJP1g.
WF~.~'.115, it has a~me to the attention of the Planning Curr.~i.ssion of the City
of Analieim that certain ~nerx3nents are necessary to the Anaheim 1~icipal. Ccxle arr3,
p~rticularly, to Title 17~ Ct'apter 17.08 - Subdivisions, said ~nerx3nents beinq to
enact "The S~bdivision tdap Act of 1974" and to provide for the wntroZ and regulation
by the City of the design and improvemer-ts of. suhdivisions or parcels of real
ProF~Y r~r~J P~'cel naps; and
Wf~,'RE11S, the Planning Cmmission did hold a public hearing at the City Iiall
i.n the City of ~vnaheim on Seiatenber 29, 1975, at 1:3n p,m., notice of saicl public
hearing havi,ng been du3.y given as re~uired bY law and i.n acoordance with pravisions
of the Ane+heim I~3unicipal Caie, to hear and o~nsider evidence for and against said
proposea a~~k~ent to fiitle 17, and to investigate and mal:e f.indir.gs and
recartnendations in oonr.ect3on therewith; and
W[~AS, sa?d Cmmission, after due inspection, inves*_igation, and stucly
made by itself anc~ in its behalf, and after due oonsideration of. all evidence and
reports o£fered at said hearing, I~E~S HEREBY FITT[1 11b1D DFITF?MINE that "Fxhi.bit A",
attacheci hereto, represents the Ca*mission's reoartnenclaticros relative to saic3 Code
~nent, with the added provision that soil reports shal]. be requi.red in accordance
with the City's grad9nq ordinance.
NpW~ TE~I~F'pRE, BE IT F~SOLUID 'th~at the Planning Coreni.ssirn of the City of
Anaheim does hereby recrnmend t~o the City Council of the City of Anaheian that an
a~ne~nent•to Title 17 - Land and Develognent Resources, Chapter 17.QR - Sutx3ivisions,
a~s depictecl on "bchi.bit A", attached hereto and re£erred to as if set forth in full
in .*liis resolution, be adoptc-d, with the added provision that soil reports shall be
r~+~ired in accordance with the City's qradiMJ orciinance.
Tf-~ FOI~~7G RESOLUPION i~ signed and appmved by me this ?.9th day of
Septanber, 1975.
_!~ / L~y/
o`
C[~IF1MATd, ANnF • IM CITY PI}1?7~TING CCY.~'MIISSI~]
ATPEST:
l::/p~~C-4~ ' CLic~d-~/
SFX~FT~RY, 1~P~71~7 C' PI11~I~IING OONA7ISSIODI
STFYI~ OF CALIPC)RNTA )
GfRJN'PSC OF ORAN(~ ) ss.
CITY OF F~~:1M )
I, Patricia B. Seanlan~ SecretazY of the City PlannirxT C.crtsnission of the
City of Anaheim, do hereby certif7' that the foregoing r.esolution was passed ancl
adopted at a meeting ~f the Ci.ty Plannim3 Ca'mission of the City of ]~naheim, held on
Septenbes 29, 1975, at 1:30 p.m., by the follaainy wte o£ the mgnbers thereof:
AYES: Ct`JP'Ta~SIdI~~tS: BAI~IFSr HEFtB.ST~ JOHNS()N~ KING~ FARI,NO
r~s: ar~¢sszar~s: r~
r~ar: as~assia~s: r+~tu~c, ~
1975.
IN WI7S~SS WE4~JOF, I have hereunto set my hand this 29th day of Septenbes,
(~.~:~~uC~-a~ ~ ~~
SEC~TIU~1'~ ANAEIGYM CITY. PLANPII^lG CY~4~iISSION
E~SOI~TrldN Np: pC75-201
~'
"E~IT A"
ORDINANCE N0.
~
~
AN ORDINANCE OF THE CITY OF A1IAHEIM REPEALING
CHAPTER 17.08 AND ADDIIJG A NEW CHAPTER 17.08
TtELATING TO SUBDIVISIONS. :
THE CITY COU2dCIL OF THE CITY OF ANAHEIr4 DOES ORDAIN AS
FOLL04JS :
SECTION 1. •
That Chapter 17.08 of the Anaheim Municipal Code be,
~~nd the same is hereby, repealed„
SECTION 2. ~
That Title 17, Cha.pter 17.08 be, and the same is hereby,
adde~ to the Anaheim ?~Iunicipal Code to read as follorrs:
SECTION 17. 08. O10 GENER4L PLAN COPIFORAIANCE; • TIME FOR OR
WAIVER OF REPORT.
.010 A report as to con~ormity to the ,
General Plan, which is required pursuant to Section 65402
o~f the Government Code as the result of a'proposed division
of Iand, may be included as part of' and at the same time as
the action talcen by the advisory a~ency on such division of
land. ~
~.020 Such report is not required for a
proposed 'subdivision which involves 1) tne disposition of
ttie remainder of~a larger parcel which ~~ras acouired and used
in part for street purposes; 2) acquisitions, disportions or
abandonments for street widenin~;; or,3) ali~;nment. oro~ects,
provided that the advisory ap;enc!~ expressly finds that any
such disposition for street purposes, acquisitions, disposi-
tions, or abandonments for street• widening, or alignment
pro~ects is of a minor nature. •
SECTION ]:7.08.02fY CITATIOIJ AND AUTHORITY. ' '
' This Chanter is adopted to supplement and
implement the Subdivision Nap Act and may be ~cited as the
•"Subdivision Ordinance of the City of Anaheim."
SECTION 17.08.030 ALLEY'DEFINED. .
"Alley" means a public thorou~hSare util-
ized as a means of secondary vehicular access.
SECTIOtd 17.08.031 ART~RIAL HIGIi41AY DEFINED. '.
"Arterial hiPhway" means a public thorough-
fare desi~nated as a ma~or, primary, secondary or collector
• street on the Arterial Streets and Hi~;htvays Section of the.Cir-
culation ~lement of the General Plan of the City of Anah~tm.
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y. .
~ • !
SECTION 17.08.032 CIlY DEFI2IED.
~I
'~ .
•' t°City" means the.City of Anaheim,
• CaliPornia. . •
~. SECTION 17.08. 033 CONDO1riItlIUId DEFINED. •
' A"condominium" is an estate in real prop-
erty consisting of an undivided interest in common in a portion
• of a parcel of real property, to~ether with a separate interesti
' tn space in a residesuchlasianuapartment,cofficeior storeingA n
such real property,
"condominium" may include, in addition, a separate interest in
' other portions o£ such real property. .
~ ~ SECTION 17.08.03~ FINAL MAP DEFIP7ED.
TMFinal map" means a tract or parcel map pre-
~ pared by or under the direction of a licensed,land suveyor or
registered c3vil en~ineer in accordance iaith the provisions of
the Subdivision Map Act of the State of California and all ap-
plicable r,~des of the City of Anaheim, vrhich man is designed
to be placed on record in the office of the County Recorder.
SE~TIOIJ 17.08.035 GENERAL PLAN DEFIPIED.
"General ~).an" means bhose documents, both
~ written and graphic, including the land use,.nublic facilities,
byrtheaCity Councilsasna statementmoftdevelopmentdpoliciesnded
~ SECTI02d 17.08.036 IMPROVEMENTS DEFIIdED. '
~ • • ~ ' For the purpose 'of this chapter, "improve-
' ments" shall be construed to be the construction of streets,
includin~ excavation, paving, c~irbs, gutters and sidewalks;
' sewers, includin~ construction of main lines, house conn°ctions
and structures; street ].ights; street si~ns; the construction
of water mains and fire hydrants and house laterals; draina~e
facilities, ~treet trees, and any misce112.neous construction
~requirements. All such'imnrovements shall conform to the City
' of'Anaheim,standards and specifications. .
' • SEC~'ION 17,08.037 LIMITED VEHICULAR ACCESS RIGHTS DEFINED.
"Limi*.ed vehicular access rifihts" means
reserva.tion of the ri~ht, easement or access of owners or occu-
.pants of abuttin~ lands, to a public tirav, for vehicular use,
except at points specifically designated on the final tract or
parcel map. . ; •
~ SECTION 17.08.038 LOT D~FINED. ~
' "Lot" means a defined portion of a
subdivision or any parcel of real property, excluding streets,
alleys or any other public or,private easement.
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- ~ ' ~ _-- ' _.. .. _. _.._. . ~....
SECTION 17.08.039 SURDIVISION.DEFINED. . •
• ~ "Subdivision" rePers to any real property
improved or unimproved or nortion thereof, or condominium
pro~ecti shown on the latest Count,y tax roll as a unit, or as
•contiguous units, which whetherdimmedia~eeorufuture,fbyale
• or lease, or financinS,
any subdivider into two or more ~orthesleasin~dofiapartments,
vided that this shall not apply ,
• officindustrial building,rco ercialhbuildingaormtrailerld-
ing,
• ~ park.
SECTION 17.08.040 SUBDIVISION tMP ACT DEFINED.
The "Subdivision tdap Act" shall mean that
portion of the Government Code of the State of California.
entitled "Division 2 Subdivisions.'~
SECTION 17.08.041 PUBLIC STREET DEFINED.
"Street" means a ri~ht-of-way for primary
vehicular access, publicly maintained and for public use,
Citytandt n filecinrthecoffice ofatherCityaEngineerved by the
SECTIOtd 17.08.042 • LICENSED SURV'~YOR DEFINED.
"Licensed.surveyor" means a person
registered by the State of California, in accordance vrith .
Chapter 15, Division 3 of the Business and Professions Code,
who practices or offers to practice land surveying. ,
SECTION i7.~8•0~3 PRIVATE STREET DEFINED. .
• • A"private street" shall mean a ri@;ht^of-
.• way, privately ovrned and maintained, which provides primary
otherwise havesnotdirecteaccessltoddedicatedipublicistreetsa
SECTION 17.08.044 REGISTERED CIVIL ENGINEER. DEFIr1ED.
"Registered civil engineer" means a '
profession2.l en~lneer registerDivision 3SoftthefBusinessnar.d
in accordance 4rith Chanter 7,
' professions Code, who practices or offers to practice civil
' ~ structural~engineer registeredeby theiStatelofaCaliforniae a
SECTION 17.Oa.045 TENTATIVE MAP DEi~INED.
~ "Tental:ive map" means a tract or parcel
m~p prepared b.y or under the direction of a licensed land
~ surve,yor or a re(;istered civi: en~ineer shovrin~ the
intended subdivision o~ a parcel of land, as well as the
• existinp, conditions in and around it. •
SECTION 17.08.046 VE~IICULAR ACC~SS RIGIiTS D~FINED. ,
"Vehicular access ri(;hts" means the
tin~tlandseto or fromcaSPublichwaywforsvehicu2arause,of abut-
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:~
~
' ~~ , ~ s~ .
SECTION 17.08. 04T ~ SOIL ENGI~dEER . •~ '
"Soil En~ineer" m~ans a person who is a,
registered Civil Engineer licensed by the State of
~.California and practices in soil mechanics and the analyses
of slope s.tability.
SECTTON 17.08.060 ADVISORY AGENCY. , .
~ .010 Tentative Tract Maps. The City
Planning Commission shall constitute the "advisory agencY"
for tentative tract•maps.
.020 Tentative Parcel Maps. The City
Engineer shall constitute the "advisory. agency" for
~ tentative parcel maps. .
~ SECTIOId 17,08.070 PARCEL PdAPS. ~ ,
A parcel map shall be filed and recorded
Sor any subdivision for vrhich a tentative and final tract•
• map is not required by the Subdivi.sion t9ap Act except for
subdivi3ions created by short term leases (terminable by
either past,y on not more than 30 days' notice in vrriting)
of a port'ion of an operating right-of-way of a railroad
~ corporation defined as such b~ Section 23~ of the Public
Utilities Code; provided, however, that uoon a showing
raade to the City Bngineer based unon substan~his exception
that public policy necessitates such a map,
• ~ahall not apply. . .
• Such mao~ shall mee* all the reauire~~:ents
for a parcel map of the Subdiv~sion Map Act and of this
Chapter and may show all dedications or offers of dedi,cation
' thereon. City En~ineer r.ia.y require that such dedications or
•~ offers of dedication be made by deed in lieu of or in addition ~~
,• to appearing on the map.. •
': SECTIOt1 17.08.075 ~ FTELD SURVEY
• In all cases where a paresl map is
' required, such map shall be based upon a field survey made
in conformity with the Land Surveyors Act.unless otherwise
waived by the City ~ngineer.
SECTIOtd 17.08.080 rILING TENTATIVE PARCEL MAPS.
When a parcel map is required by this
Chapter, a tentative parcel map shall Tirst be filed with the .
City Engineer, Said map shall meet all the requirements for
• 'tentative maps proeided by the Subdivision Map Act and this
Chapter. The subdivider shall provide as many copies of the
tentative parcel map as may be required by the City Engineer.
SECTIOtd 17.08.090 F]:LING OF TEtJTATIVE TRACT'MAP.
• • T~~:nta~ive tract map's shall be Siled with
the Development Servl~:,es Denartment and shall bc processed
in accordance with th~a Subdivision Pfap Act and the provisien~
of this Chapter. The ~ubdivider shall file as many copies of
the tentative tract m:~P as may Ue required by the DevelopmenL-
Services Department. .
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~ ... . ~ . .. .. . . ._ !. _,._ ~ . ._ __ .
SECTION 17.08.100 ADVISORY AGENCY DUTIES.
.010 The Planning C~mmission shall make
investigations and reports on the design and improvement of
any proposed division of real property for which a tentative
tra.et map is filed, and shall have the authority to
recommend to City Council the imposition of requirements and
conditi.ons upon such division of land, and to recommend to
City Council approval, conditional approval or disapproval
Cf such map and division of land. The Development Services
Director shall advise and assist in mal:in~ investiigations .
and reports on tentative tract maps.
.020 The City Engineer shall make investi-
gations on the desi~n and improvement of any proposed division
of real property for which a parcel map is filed and shall
have the authority to impose requirements or conditions upon
such division of land, and to aporove, conditionally approve
or disapprove such map and division of 12nd.
030 Any interested person adversely
affected by a decision of the City Council may file a comolaint
with the City Council concerning sttch decision. Any such
cot~plaint shall be filed with the City Clerk within fifteen
(15) days after the action which is the subJect o£ the complaint.
The Ctty Council may, in its discretion re~ect the comolaint ~
within fifteen (15) days or set the matter for nublic hearing.
If the City Council re~ects the complaint, the complainant shall
be notified of such action. If the matter is set for hearin6,
the hearing ~hall be conducted and notice thereof given as'
°--• provided by Government Code Section 66451.3• ~
SECTION 17.08:110 EXPIRATION.OF TENTATIVE TRACT MAP
APPROVAL. ~ .
~ O10 Expiration. The approval or conditional
approval of a tentat•ive tract map shall expire eighteen (18)
months from the date the ma.p was approved.
.020 Extension. The per'son filin(; the
tentative tract map may request an exten~ion of the tenta-
tive tract map anproval or aonditional approval by written
application to the City Clerk, such aoplication to be filed a't
least thirty (30) days before the anproval or conditional
approval is due to expire. The application shall state the
reasons for requesting the extension. In grar.ting an exten-
siori, new conditions may be impo~ed and existing conditions
may be revised.
.030 Time Limit on Extensions. An e:c-
tension or extensions of tentatitre tract map apProval or
conditSonal approval shall not e~cceed tvro one-year extensions.
.040 Effect of Map Modificaf.ion on Ex-
tension. Modification of a tentative tract map after ap-
proval or conditional approval shall not extend,the time
limits imposed by this section. ~
SECTION 17.08.120 FAILURE TO FYLE PARCEL idAP.
Failure to file ~ p~rcel map with the
County Rccorder within sixty (60) day~ from thc approval of
such map shall terminate all proceedin~s. Any subdivision
oP the same land shall requtre the Tiling of a new map.
i
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SECTION 17.08.i3o U~ILI~Y SERVICE,sS PARC~L ti2A? - N~
~ . ~ The City of Anah.eim reserves the right
to refuse util3by services to any person who fails to pro-
~ess a parcel map as requi~ed Uy this~Chanter.
.SECTION 17.08.140 SUBMISSION OF MAPS. ' ''
The City Council shall ~iom time to time,
. by resolution, a3opt and establish rules and regulations for
administrative procedure in the filing and processing of maps,
in accordance vrith the provisions of this chapter, and provide
• for the furnishing datauandninformation assmay beprequiredefor
ments, engineerinp;
the proper administration and enforcement of the provisions o
this chapter.
Each proposed subdivision shall be submit-
ted in map form and Pa~i~tionsiandarequirements established
with all the rules, ~e~ .
by any suc'n resolutions adopted by the C3ty Council.
•SECTIOPI 17.08.15~ CONFORP~fANCE TO PLAN.
A subdivision plan sha11 be in substantial
•' conformance to the veneral Plan. .
SECTION ].7.08.160 PROCEDURF REGARDING TENTAmI~ TRACT MAP.
The Plannin~ Commission shall recommend .
'~ appx'oeal or disapProval of the tentative tractt,hepPlanning
thirty-five (35) days of the ~irst h~arin~ by
Commission unless said time limit shall be mutually extended '
by the Planning Commissj.on and the applicant. ,
S~CTION 17.08.170 COUNCIL' ACTION ON TENTATIVE TRACT
.. ' . Nlr~P-REPOP,T. . . ~
The City Council shall tak'e action on the
tentative tract map at the first meetin~; following the date
on which the report of the Planning Commission is received,
unless a contint~.ance is requested or agraed to by the
applicant. •
SECTYON 17.08.180 PREPARATION OF FINAL TRACT r7AP.
" After approval of the tentative tract
~ map by the City Counr,il, the subdivider may have a final
tract map prepared that is in subsshallabecinpfullCCOmpliance
approved tentative map. Said map
recordec: withinVOne~calendartyeardfromstheadate ofdapprovale
~ SECT:CON 17.08.19~ WAIVER OF ~IREC'T ACC~SS TO STREETS.
The Advisory Agency ma,y.impose a require-
~ ment that any dedication or offer of dedicat3.on of a street
shall include a waiver of direct access rights to such street
from any property shown on a final tract.or parcel map as
' abuttin~ thereon, and that if the dedication.is accepted,
provisionsrofhthe waiver offdirect access~rdance with the
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. SECTION 17.08.~00 RECITALS. TRACT MAPS.
. The City Council.does hereby find, deter-
mine an3 declare as follows: ~= ' -- • - ~ -- - .
.010. In 1975, the T,egislature of the
~ State of California amended the Subdivision Map Act (Section
66410 et seq. of the California GovernMent Code) so as to en-
~ble cities and count-ies to require either the dedication of
a ddrecreationaltpurposes as a condition of approvalfof aark
~ tract map; and .
.020 ~BeFore a city.may avail itself of
~ this Act, it must have a general plan containing a recrea-
tional element with definite principles and standards for the
park and recreational facilities•to serve the residents of
the city; and • . . •
' .03~ The City Council nas adop~ed a gen-
~ eral plan containing such recreational element.
SECTION 17.na•21~ TIONALIFACILITIESPR~~DE PARK AP1D RECREA-
~ ~ Every sub'divider who sutdivides la.nd sha11
forthain Sectionsn17~O8u2001tYirough 17.08e280rfor thehpurposet
of providing park and recreational facilities to serve futur~
residents of eaah tract. ,. .. ,
• •• SECTION 17.08.220 APPLICATION. Y ~
~• Sections 17.08.200 through 17.08.280 shall
app].y to all sub3ivisions, as that.phrase is used in Section
G6410 et'seq. of the Government Code of ~the State of California
except subdivisions for which tentative tract maps have been
t'iled within thirty days after the effective date of the
ordinance codified in this section, and industrial .
~ ~ subdivisions. .
SECTION 17.~8.230 RELATION OF LAND REQUIRED TO POPULATION
~• DENSITY. ~ . , • ' '
• It is hereby found and determined tnat
the public interest, convenience, health, welfare and safeby
require that one and one-half acres of property, for each
one thousand persons residing wi~hin this City, be devoted
to park and recreational purposes. •
SECTION 17.08.240 POPULATION DENSITY. , • ' '
~ Population density for the purpose of
Sections 17.08.200 throu~;h 17.08.280 shall be deter~:ined in
. accordance ~vith the followin~ schedule of densities by dwell-
' 1ng unit as derived from the 197~ Federal Census:
~ •• .010 ' Single family dwelling units and
duplexes.= 3•8 Persons per dwellin~.unit; ~
- .020 Multiple family~dwelling units a
~ 2.~i pe:sons per dwelling unit;
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..... .... _.___...._• .. ._
~
.
b
.030 Mob?,'I,eh~*~es dwcilir.g un3~ = i.°
persons per dwelling unit. : . .' ~
. The basis for determining the total
~ number of dwelling units shall ~e the nunber of such units
permitted by the City on the property~included in the sub-
division at the,time the final subdivision tract map is
; filed with the City Council for approval. .
SECTION 17.08.250 AMOUNT OF LAND TO BE DEDICATED.
The amaunt o£ land required to be dedica-
ted by a subdivider pursuant to Sections 17.08.200 through
17.08.280 shall be:
.010 Fer single family unit, 248.3
square feet; . •
' ' .020 Per multiple family unit, 156.8
squaxe feet; ~
.030 Per mobilehome dwelling unit, 12q ,.
squaxe feet.
~. The above-listed amounts of land shall
be based on the following formula: , •
.' llmount of land per dwelling unit = CS) P
1,000
S = Park standard ' ,
~ ' P a Population density per dwelling unit •
_ . _.~. .
' Values used for determining amounts of. •
land per dwellin~•unit: '
_ • S= 1.5 acres or 65~,3~0 square feet per 1,000 population
P= 3.8 persons/single dwelling unit .. :
• P= 2.4 persons/multiple d~•relling unit
P= 1.9 persons/mobilehome dwelling unit.-• ~
SEC`PION 17.08.260 AP40UI.'T OF FEE IN LIEU OF LAtdD DEDICATION
Where a fee is required to be paid in lie.u
of la.~d dedication, the amount of such fee shall be:
' ' • .010 Per single family unit, $300;.
, ~ •' .020 .Per multiple family unit, $189.50;
' ~ .030 Per mobilehome unit, $150. .
~ •~ The above-listed Pees shall be based on
• the follnwing formula: . •. ' .
~ In~L1eu Fee Formula:
'S,L +' D) SP_ . ..~
' 1,000 x 0.957 ° Fee ,
L= Acz~eage land acquisition cost per acre
' D a Average basic park develonment cost per acre
' S = Park standard •
P a Population density per dwellin~ unit ~~
. .. $_ •
~~
~ '.
.~ ' .
~!
Values used for determining the recom-
mended in-lieu•fees:
.. . L = $35,000 per acre ' . _ -. ---
~ D = $20,000 per acre _ • - . ,_-_ _.:___ . . • •
• ' S= 1.5 acres per 1,000 population .
P= 3.8 persons/single dcvelling unit
P a 2.4 persons/multiple dwelling~unit •
P= 1.9 persons/mobilehome dwelling unit.
CHAPTER 17.08.270 CHOICE OF ~AND OR FEE. '
.010 Procedure. The procedure for deter-
~termining whether the subdivider is to dedicate land, pay a
fee, or both, shall be as follows: __
.0101 Subdivider. At the time of filing
a tentative tract map for approval, the ovrner of the oroperty
shall, as a part of such £iling, indicate wlzether ize desires
to dedicate property for park and recreational purposes, o~ .
whether he desires to pay a fee in lieu thereof. If he de-
sires to dedicate land for this purpose, he shall clesignate
~he area thereof on the ~entative trac.*- map as submitted.
~• .OI02 Action of City. At the time of the
' tentative tract map approval, the City Counci~l shall determine,
ag a part of such approval,.whether to require a dedication of
land within the subdivision,.payment of a fee in lieu thereof,
• or a combination oF both. .
• • .0103 Prerequisites for Approval of Final
Tract Map. Wh~re dedication is required, it shall be •
• accomplished in accordance with the provisions of the Subdivi-
sion P4ap act. Where fees are required, the same shall ba
. • ' deposited Vrith the City prior to the issuance of a buildir~g
• permit. Open space covenants for private park or recreation-
' al facilities shall be submitted to the.C3ty prior to
approval of the final tract map and shall be recorded -
contemporaneously with.the final map.• , -
• .020 Determination. Whether the City
Council accepts land dedication or elects to require nayment.
of a fee in lieu thereof, or a combination of both, shall be
' determined by consideration of the following: '
• ~'. ,0201 Recreational element of the City's
. General Plan; and • ' ~ ~
' ' .0202 'Topography, geology, access and
. ~ location of land in the subdivision available for dedication;
and • ' `
, .0203 Size and shape of the subdivision
. and land available for dedication. '
•• ~ ~ The determination of the City Council a5
to whether land shall be dedicated, or whether a fee shall be
char~ed, or. a combination thereo~', shall be final and conc~u-
sive. On subdivisions involving fifty lots or less, only ~he
payment of fee shall be required. ' ,
`9_ . . ,.
~ • .
. ' ~ • ,.
. .~ '
SECTION 17•08•280 TIME OF COMMENCSt~NT MUST BE DESIGNATED.
' At the time the final tract map is ap~
proved, the City Council shall designate the time when de-
velopment of the park and recreational Facilities shall be
commenced. . • ~ ~
SECTION 17.08.290 • LIMITATION ON USE OF LAND AND FEES.
The land and fees received under Sections
17.08.200 through 1T.08.280 shall be used only for the purPose
oP providing park and recreat3onal facilities to serve the sub-
division for which received and the location of the land and
the amount of Sees shall b.ear a reasonable relationship to the
uae of the park and recreational facilities by the future in-
habitants of the subdivision.
SECTION 17.08.300 RECITALS. YARCEL DiAPS.
The City Council does her.eby find, deter-
mine and declare as follows: ~
.010 In 1975, the Legislature of the
State of California amended the Subdivision P4ap Act (Section
fi6410 et seq. of the Cali£ornia Government Code) so as to en-
able cities and counties to r~quire either the dedication o£
land, the~paynent of fees or a combi.natian of both, for park
and recreational purposes as a condition of approval of a
parcel map; and
.020 Section 66b77 of the Suhdivision
Map Act provided for the regulations of the division of land
which is not in a tract; and provided that such regulations
for parcels provided that such reg;ulations are not more
restrictive than the requirements for a tract.
~ .03~ Before a city may avail itself of
the Act, it must have a general plan containing a recreational
element with definite principles and standards £or the park
&nd recreational facilities to serve the residents of the city;
and ' . .
.040 The City. Council of tne City has
adopted a general plan containing such recreational element.
SECTTON 17.08.310 PROVISION FOR PARK AND RECREATIONAL
FACILITIES.
Every owner who constructs or ~nstalls
dwelling units in residential areas shall dedicate a portion
of such land, pay a fe~, or do tioth, as set forth.tn Sections
17.08.300 ~hrough 17.08.38o for the p~:rp~~se of providin~ Park
and recreational facilities to serve future residents of the
~residential area. ~ , • .
SECTION 17.08.32~ APPLICATION.
' Sections 17.08e290 through 17.08.370 sha11
apply to trailer parks and all ranitsnforlwhichsbuildin~super-
in subdivisions except dvre'lliin~
mits haye been applied'for ti~ritnin thirty days after the effect-
ive date of the ordinance codified in this section. ,
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SECTION 17.08.33o RELATION OF LAND.REQCJIRED TO POPULATION
DENSITY. ~ ' •
• It is•'dztermined that the public interest,
convenience, health, welfare and safety require that one and
one-half acres of property, for each one thousand persons re-
sidin~ within ~he City, be devoted to park and recreational
' purposes.
SECTION 17.08.340 POPULATION DENSITY.
Population density for the purpose of
Sections 17.08.290 through 17.08.370 shall be determined in
accordance with the follovring schedule of densities by dwell-
ing unit as derived from the 197~ Federal Census:
.010 Single family dwelling units and
duplexes = 3.8 persons per dwelling unit; •
• ,020 Multiple 2`amily dvrelling units =
' 2.4 persans per dwelling unit;
.03~ Mobilehomes dwelling unit = 1.9
persons per dwelling unit. ~
~ ~ The basis.for determinin~ the total num-
b~r of dwelling units shall bs the number of such unitis aer-•
mitted by the City on the prooerty at the time the buildin~
permit is approved by the City Building Department.
~ SECTION 17.08.350 .•AidOUNT OF LANB TO BE DEDICATED. •
•- ' The amount oP land required to be dedi-
cated pursuant.to Sections 17.08.290 through.17.08.37o shall
be: .
.010 Per single~family unit, 248.3
square feet;
,020 Per multiple family unit, 156.8 •
squaxe feet; '
, • ..030 Per mobilehome dwelling unit, 124
•' square feet o . ' .
., The aL~ove-listed amount o~P lar.d shall be
based on the following formula:
Amount of land per dwelling unit = (S) P
• l, 000 . . ~
S = Park standard
P~ Population density per dwelling unit
Values used for determining amounts of
larld per dwelling unite ••.•
S Q 1.5 acres or 65,3y0 square feet per~1,000 population
P = 3.8'persons/single' dwelling unit
. P~ 2.4 persons/multiple dwellin~ unit
P= 1.9 persons/mcbilehome dwPlling iinit. .•
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5ECTION 17.08.360 AMOUNT OF FES IN LIEU OF LAND DEDICATION.
~~ Where a fee is required to be paid in lieu
~ of land dedlcation, the amount of suoh fee.shall be:
~ ~ .010 ,~Per single family unit, $300;
' . '~a2p Per multiple famiTy unit, $189.50;
.03~ Per mobilehome unit, $150. ,
The above-listed fees shall be based on
the following formula:
In-Lieu Fee Formula: •
~ (L + D) SP .
1,000 x 0.957 = Fee
L= Acreage land acquisition cost per acre .
D'= Average basic park development cost per acre
• S = Fark standard
p= Population density per dwelling unit
, Values.used for determining the recom-
mended in-lieu fees: ~ ,
•L = $35,000 per acre
~ D = $20,000 per acre •
S= 1.5 acres per 1,000 population
.• p = 3.8 persons/single••dwelling unit
. • P= 2,4 persons/multiole dwelling unit
' P.= 1.9 persons/mobilehome dwellin~ unit.
~ SECTION 17.08.370 CHOICE OF LAND OR FEE.
~ .010 Procedure. The procedure for det-er-
mining whether the owner is to dedica~te land, pay a fee, or
both, shall be as follows:
0101 Subdivider. At the time oS making
~ application for a building permit, the ovrnsr of the property
shall, as a gart oS such apnlication,~indicate whetheruheoses
sires to dedicate property for park and recreational p rP ,
or whether. he desires to pay a fee in lieu thereof. If he
desires to dedicate land for this purpose, he shall designate
the area at the time of making the application.
.0102 Action of City. At the time of the
approval Councilbshallndetermin2 aseaBpartiof suchrapproval,
the Ci.ty
" whether to require a dedication of land, paymen~ of fee in lieu
~ thereof, or a combination of both.
.0103 Prerequisites for Appr.oval ~f Final
' or Parcel Map. Where dedication is required, it shall be
accomplished in the same manner as required for tracts in
a.ecordance vrith the provisions of the Subdlvision Map Act.
Where fees are req.uired, the same shall be deposi~ed with the
~ . CitY prior to the approval of the~buildin(; permit. Open space
covenants Por privai;e parlc and recreational facilities shall
• be submitted to the City prior to apProval of the buildix~~
permit ~^d shal7. be recorded pri;~r to approval.
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. .020 Determination. Whether the.City
Council ac~epts land dedication or elects to require payment
of fee in lieu tk:ereof, or a combination of both, shall Ue de-
termined by consideration of the following:
~- .0201 Recreational element of the
City's General Plan; and
0202 Topography, geology, access and
location of land available for dedication; and
, .0203 Size and'shape of the area and
land availabYe for dedication.
~ The determination of the City Council as
to whether land shall be dedicated or whether a fee shall be
charged, or a combination thereof, shall be final and corlclu-
sive. On areas involving fifty lots or less, only the payment
of fees shall be required. •
SECTION 17.08.38o TIME OF CONQdE1dCEt+~I1T MUST BE D~SIGNATED.
At the time ~hat the building permit is
approved,.the Building Division or the City Council sha7.l
designate the time when development of the park and recrea-
tional facilities,shall be commenced. .
SECTION 17.08.39o DEDICATIOII REGULATIOPIS FOR STREETS, ALLEYS,
DRAINAGE; PUBLIC UTILITY EASEMENTS, AND
OTHER PUBLIC EASEMENTS - REQUIREMENTS.
• As a condition of approval of a tract or
parcel map, the subdivider~shall dedicate or make an
irrevocable offer of 3edication of all parcels of land•with-
in the subdivision that are needed for streets, alleys,
includin~ access ri~hts and abutters' rights, drainage,
easements, public utility easements, and other public easements.
In addition, the subdivider shall improve or ag_ree to improve
all streets, alleys, drainage easements, public utility ease-
ments, and other public' or nrieste easements.
SECTIQN 17.08.~100 DRAINAGE AND SEti•JER FACILITIES - PAYMENT
. OF•FEES RERUIRED.
' Prior to approval of any f3na1 tract map or
~ pa'~cel map, or prior to the issuance of a gradin~ permit or
.buildZng permit, if no parcel ar tract map is required, the
subdivider shall pay or cause to be paid any~ fees for defraying
the actual ar. es~imated costs of constructin~ planned drainage
fac3,l~i~ties fgr the removal of surface and storm waters from
' lo~al or neip,hborhood drainage areas or sanitary sewer
faCilities £or local sanitary sevrer areas established pursk~nt
ta Section 66483 of the Government Code. .
•SECTION 17.08.410 BRIDGE CROSSINGS AND MAJOR THOROUGFiFARES -
PURPOSE.
y The purpose of this section is to make
,provision for assessinp and collecting fees as a cond~.tion of
approval of a final tract~map or parcel map or as a condition
oP is~uin~; a builc3ing permit for thz purpose of defrayln~ the
actual or estimated costs of constructin~ bridges or major
thorou~hfares pursuant to Section 66484 of the Government Gode.
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SECTION 17.08.420
SUPPLEMENTAL' IMPROVEMEfITS: REIMBURSEMENT
AGREEMEPITS - REQUIRED.
The subdivider may be required to install
improvements for the benefit of the subdivision which may con-
propertypnotewithinithe subdivision asmaecondition precedentf
to dedicate~such improvementsito thePaublicmapH weverhethefter
subdivider shall be reimbursed for that portion of the cost
of such improvements equal to the difference between the
provementsWtolserveethessubdivision~~unly anditheaactualhcost
of such improvements pursuant to the provisions of the 5ub-
division Map Act. . .
SECTION 17.08.425 FEES AND PERMITS.
Fees and permits sha'_1 be paid or acquired
for map filing, map checking, inspection of con~truction,
sewer installation, assessment for recreational £acilities,
street trees, water fees or the bondin~ L-herefor shall be as
established by City Council resolution.
3ECT20N 17.08.43~ pG~EI~NTT-~FUNDINGE ROCEDR~SBURSEMENT
No charge, area of benefit or local bene-
f3t~district shall be established unless and until a public
hearing in accordance with the provisions of the Government
Code of the State of California is held thereon by the City
Council and the City Council finds that the fee or charge
ablytrelated to theecost~ofysuch supplementalrimprovementsn
and,.the actual ultimate beneficiaries thereof.
• In addition to the notice required by .
this sect3on, written notice of the hearing shall be given to
the subdivider and to those orho otian prcperty wit~hin the
prooosed area of benefit as shown on the latest equalized
assessment roll, and the potential users of the supplemental
imp,rovements insofar as•they can be ascertained at the time.
5uch notices shall be mailed by the City Clerk at least ten
(10) days prior to the date established for'hearing.
SECTION 17.0£i.440 A~~PLB~~GFJM~~D~~ ORSTHOROUGHFARESEI~IER-
If' the City has adopted a lacal drainage
or sanibary sewer plan or map as requlred Sor the imposition
oS fees therefor, or has established ar. area of benefit for
bridges or ma~or thoroughfares as provided in this ordinance,
the City may impose a reasonable charge on pronerty within the
•area bene~'ited and may provide for the collection of sai~3
charge as set forth in this ordinance. The City may enter
into reimbursement aPreements with a subdivider who constructs
said• facilities, bri.dges or thoroughfax•es and the charp,es col-
lected by the City therefor may be utili~sed to reimburse the
subdivider as set forth herein. ,
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SECTION 17.08.450 IMPROVEMENT SECURITY: REQUIRED.
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• Any improvement agreement, contract or
act required or auchorized by the Subdivision Map Act, for
whicri security is ra:~uired, shall be secured in the~fm~neer
provided for in Sections 66496 and 66499 et seq.,
Subdlvision.Map Act. .
SECTION Z7.08.460 I1dPROVEP~NT SECURITY: AMf~UNT.
The improvement security shall be in the
amount set forth or authorized in Sectinn 66499•3 of the Sub-
division biap Act, not to exceed 100~ of the total estimated
cost of the improvement or act to be performed. If the im-
provement security is other than a boan additional amountd
by duly authori~_d corporate surety,
shall be included as determined by the City Council as nec-
essary to cover the cost and, reasonable expenses and fees,
including reasonable attorneys' fees, which may be incurred
by the City in successfully enforcing the obligation secured.
~ The improvement security shall also se-
cure the faithful performance of any changes or alterations
in the woxk to the extent that such changes or alterations do
. not exceed ten (10) percent of the original es~timated cost of
the improvement. ~ • • .
' SECTION 17.08.470 ~aCEED NGT-SREDUCTIONSPECIAL ASSESSMENT
~ ~ In the event the required subdivision im-
provements are ~inanced and~installed pursuant to special
assessment proceedings, the subdivider may appl~, ~o the City
Council for a reduction in the amount of the improvement se-
cui~lty Tequired hereunder up to an amount corresponding to
the~amount of faithful performance and labor and material
bonds required by the special assessment act being used. mhe
City Council may grant such reduction if it finds that such
bonds have been in fact provided and that the obligations se-
cured thereby axe substantially equivalent to that required
by this ordinance.
SECTION 17.08.480 IMPROVEMENT SECURITY:•R~LEASE.
~ The 3mpr4vement security required here-
under shall be released in the following manner: °
,Q10 ~,•.~La::ty^~;ivhe re~.e~.aed fnonPthe~~inal .
ance af any act c^' ~^'~zmer:~ :thu11
comp~Prion and acc+eptance +~F the ftct ~r v.rork.
G~u Secui~::ty'given to ser.»re payment to
the contractor, his subcon~ra^tors and to persons furnishing
labor, materials or ~quipm°nt,, m~ys six months after the com-
~plebion and acceptance of the act or work, be reduced to an
amount equal to the amount of all claims therefor filed and
of which notice has been given to the legislative body, plus
quireduto assureathe performanceboftanyCother~obli~ations se-
cured tihereby. The balance of the security shall be released
upon the settlement of a11 such claims and obligations for
which the security was 61ven. . ,
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' ~ .03~ No security' given for the guaranty or
. warranty of work shall be released until the expiration of
' the period thereof. •
• SECTION 17.08.49o REYERSION TO ACREAGE BY FI21AL MAP.
• • Subdivided property may be reverte3 to
~ acreage pursuant to provisions of this chapter. ,
• SECTION 17.08.500 INITIATIOi7 OF PROCEEDINGS BY 04TNERS.
Proceedings to revert subdivided property
to acreage may be initiated by petition of all of the owners
of record of the property. The petition shall be in a form
thesinformati nhrequirednbynSectionh17p08i540nandasuch other
information as required by the City Engineer.
~° SECTION 17.08.510 INITIATION OF PROCEEDINGS BY CITY COUNCIL.
The City Council, at the request of any ~
• person or on its oFm motion, may by minute erder initiate
' proceedings to revert property to acreage. The City Council
' shall direct the City Engineer to obtain the necessary
.. informa.tion to initiate.and conduct the proceedings.
SECTION T7.08.520 DATA FOR REVERSION TO ACREAGE.
' Petitioners shall file the following:
~ ~, ,.010 Evidence of title to~the real
property; and
' .020 Evidence of the consent of all of
~~ the.owners of,an interest(s) in'the propsrty; or
~ ~ ' :03~ Evidence that none of~the improve-
• ments required to be made have bePn made within two years
from the date the final tract map or•parcel map was filed
for record, or vrithin the time allowed by agreement for
,;;a.l comple~ion of the improvements, whichever is later; or
' .040 Evidence that rio lots shown on the
~ fina~l tract or parcel map have been salci within five (5)
,• years from the date.such final or parcel map was filed for
• ' record. '. . • ~ ~
~ .050 A Pinal reversion to acreage map in
the form prescribed by the C1ty Engineer which delineates
dedications vrhich will not be vacated and dedications
requ~red as a condition to reversion.
~ • . SECTION 17.08.53a PROCEEDINGS BEFORE THE CITY~COUNCIL.
A.public hearing shall be held be!'ore the
City Council on all petitions for initiations for reversians
to acreage. Notice of the public hearin~ shall be given as
• provided in Section 66451.3 of the Government Code. The City
. may give such other notice that it 8eems necessary or advis-
' able. • , • .
' The City Council may approve a revebsion
to acreaPe only if it flnds~and records in writing that:
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.010 Dedtcations or offers of dedication
~ ~ to be vacated or:abandoned'by.tbe reversion to acrea~e are
• unnecessary for present or prospective public purPoses; and
' ~- • .020 Eitrier: . ~
.~ ' .011 AlY owners oP an interest in the
subdivision have cbnsented to reversion; or
.012 None of the improvements required
to be made have been made w3thin two (2) years from the date
"~ the Sinal tract or paresl maP was filed for record, or with-
in the time allowed by agreement for completion of the
improvements, whichever is later; or
~ ;013 No lot shown on the final tract
or parcel. map was filed for recoz~d.
The City Counciy may require as •
conditions of the reversion: . ' ~
• ' .03~ The owners dedicate or offer to
" dedicate streets or easements.
~ - 040 The'retention of all or a portion
• or previously paid subdivision fees, deposits or imorove-
' ment securities if the same are necessary to accomplish any
of the provisions of thi.s chapter.
SECTION 17.08.5!~~ SECURITTESFEES, DEPOSITS: RELEASE OF
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' Except as'provided in Section
' 17.p8.53o.020 upon filing of the fit~al map for rever~lon to
acreage with the county recorder, all fees, and degosits
. securitieseslalldbe~releaseddbyithe CityaEngineervement
SECTION 17.08.550 DET,IVERY 0?~ FINAL REVERSION TO ACREAGE MAP.
After the hearin~ before the City Council
and approval of the reversion, the final man shall be delivered
~ to the County Recorder. •
~ ~~~~.'ION 17,.0~,560 ~THCTHE COUNTYGRECORDERON 'f0 ACREAGE MAP.
Reversion shall be effective upon the final
~~, ~gin~ f~~:ed for record by the County Recorder. Upon filing,
sil. ded~ca:ti'~ft's 'and offers of dedication nut shown on the final
map~ frnr rev~r'ginn Q?rall be of no further force and s£fect.
r g~cTSON 17_A8.57n • F.INAL TRACT OR PARCEL MAPc MONUMENTS.
" .Olb At the time of making the survey for the
1~g~y tract or parcel map, the engineer or sur.veyor sh~.ll set
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sufficient durable monuments t~ conform vrith the standards
descr;lt,ted in Section 8771• of the Business ~and Professions Code
. F.o that another eti~ineer or surveyor may readily retrace the
• s~3i~vey.
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.020 All monuments necessary to establish the
~ exterior boundai~ies of the subdivision sha11 be set or
~ referenced prior to recordation of the final tract or parcel
. map. .
. .030 That cash, bonds or some other security
~~ in an amount as determined by the City Bn~ineer are in a form
satis£actory to L'he City Attorney, shall be posted with the
City to guarantee the performance under Subsections A and B
hereof.
SECTION 17.08.580 ENVIRONMENTAL IMPACT.
• No parcel or tentative tract map filed
~ pursuant to the provisions of this chapter shall be anproved
until an environmental impact analysis is nrepared, processed
and considered in accordance vtith•the provisions of California
Environmental Act. The subdivider shall provide such addl-
tional daica and informa.tion and deposit and pay such fees as
may be required for the preparation and processing of environ-
. , mental review documents.
" SECTION 17.08.590 GRADING AND EROSIOPI CONTROL.
" --• Every tnap aPProved pursuant to this chapter
shall be conditioned on compli~nce with the requirements for
~ grading and erosion control, including thes~teforth in Chapter
mentation or damage to off-site prop_rty,
~ 17•0~, 17.0~ of this Code.
' SECTION 17.C8o500 UTILITY AND SEZ~IER EASEfdENTS.
• .010 Utility lines includin~, but not
' '~ limited to, electrical, telephone, street lights and cable
• •:~'~:••television Shall be placed under~round. Necessary surface-
mounted t'ransformers, pedestal-mounted terminal boxes and
. meter cabinets, ducts, street lighting or signal control
cabinets and other associated equipment in an under~round
system may be placed aboveground. The Utili.ties Director
may waive the requirements of this paragraph if topograph-
•~.cal, soil or other conditions make such under~;round •
installations impractical. This paragraph shall not apply
to utility lines which do not pravide service~to the area
being subdivided or developed. •
~" p20 tdhere alleys are not provided, sewer,
public utility and/or drainage easements shall be provided
and shall be of such width, type and location as determined
to be necessary by tiutilityias~t.heicase~maynbe~he.City
. EnG..neer or serving ,
• .03~ Undergraund utility easements shall
be provided and sha1Z be of suc.h wldth and location as
determined to be necessary by lahe t3tilities Director or
servin~ utility as the case may~~ be. •
~ ~ .040 Public'~aasements shall be cleared of
all struetures, by the person r,~r persons providing sald
e~sement, at no expense to the City'of Anaheim.
.050 Encroaclament; are permitted into
~ public easements only afber thr~ processing of an encroachment
permit and approval by the City- ;ouncil.
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SECTION 17.08.610 OFF-STRE~,T FARKING AREAS. .
, ~ The size, location and layout of special
' areas proposed to be dedicated to iche public use for the
• parking of motor vehicles shall be in conformance with
Title 18 o£.this Code and.such other regslations as the ~ity
: Council mayadopt. , ,
SECTIOPI 17.08.620 LOTS.
• .010 Lot areas shall be such as will
conform to the standards of development as defined in Title
18 of this Code, entitled "Zoning," or by o~her official
. plans adopted pursuant to law.
.020. Lots having no frontage on a public
~ street may be cause for disapproyal of a subdivision.
' .030 The width of lots shall be such as
will conform to standards of development as defined,in TitZe
18 of this Code, entitled "Zoning,14 or by other official
• plans adopted pursuant to law.
Lots not in conformity to the above
' shall be sub~ec~ to individual determination by the City.
~ •~ .040 No lot shall be divided by a county,
city or school district boundary line.
.050 The side lines oP lots shall be
a~proximately at right an~les to the street center line on
straight streets or approximately radial on curved streets.
.060 The creation oP double frontage lots
tnay.be cause £or disapproval. ;
SECTION~17.08.63o LOTS ADJACENT TO FREE4IAYS, EXPRESSWAYS,
ARTERIAL HI(3}:WAYS AND RAILROAD RIGHTS-
OF-WAY. ~
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.010 Lots ad~acent to Preeways and exnress-
~ ways shall rear on to said i~reeway or.ex.pressway and shall
have a minimum depth of one hundred fifty feet.
.020 Lots ad~acent to all other classifi-
cations of arterial hiEhways or railroad rights-of-way shaZl
have a minimum depth oP one hundred twenty feet.
.030 Conditional exceptions ta the regula-
tions ~et forth in Section l7.Of3.63o.010 and .020 above, may
be suthorized if a specific plari is approved by the City for
lots ad~acent to freeways, expressways, arterial•highways and
~ railroad rights-of-way in accordance with City Counail PoZicy
No. 538. ' •
' Application for apnroval of speciPic
plan's shall be made at the time of the filing of a tentative
. tract map or tentative parcel map. ,
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. SECTION 17.08.54o LANDSCAPING AND 1dATURAL F~ATURES.
..010 On a11 lots ad~acent to fr.eeways and
expressways a six foot high, landscaped, earthen berm
ahall be provided ad~acent to the right-of-way line.
.020 Where special circumstances exist ~or
a property such as•lt:mited siza, unusual shape, extreme
topography, dominating drainage problems or the impractic-
ability of employin~ o01Q above, a uecorat3ve masonry wall
may be required in lieu of the earthen berm.
The decorative masonry wall shall
' include design variations. .Variations in the required wall
wood,astone,ioreoffsetsCforElandscapingaareeencc~uraged.a$
•~ .03~ On each buiiding site or lot of a
subdivision there shalJ. b~ ten trees per gross 2:cre or tvro
trees per lot whichever is greater and shall,be space3 at
intervals of not more than forty feet. ' •
" .040 Those lots ad~acent to freeways, .
expressvrays, arterial highvrays or railroad right;s-of-way
shall plant trees within t:en feet: of the prooert:y line
nearest bhe right-o£-way line,, except where existing trees
are being pr~served.
.05~• New trees••may be selected from the
p1a,nL• material listi in Section ']:7•.08.640.080 and shall be
in•fifteen gallon containers and be at least six feet tall
~ at the time of pl2nting. .• .
~ •. .060 A funetional test of the sprinkler
system shall be performed by the in'staller in the presence
oP the City Building Inspector.
.070 Recognizing the existing Eucalyptus
tree windbreaks as one of the primary natural features of
Orange County and ths City oi' Anahei~n, this section attemnts
• to retain the ~haracter•they exemolify. Developers are
encouraged to leave existing windbreaks and use the techniques
of pruning or ~hinning to preser•ve them wher.e feasible.
~ ~1Yeere a developer retains existing trees, said trees may be
~ounted in•cai.~ulatir.~ the number of required trees set forth
' '3ri SECtio17. 3.7.~~+.64o.d3~• ,
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' • ~ • ' .080 Suggested ~rees. • ~ • '
~ , ~ Height at
Botanical~Name . ~ ' Common Name ~ Maturity '
• Cupressus macrocar.pa. Monterey cypress 40 feet •
Eucalyptus varieties l3ums 30-5Q feet
'. ~,iriodendron rulipiTera Tulip tree ~ 6Q 1'eet .
. Pittosporum undulatum • Victorian box 30 feet
Platanus acerifolia London plane tree 40 feet
Popu~us fremontia Freemont cottonwood 50 feet
• Umbelyularia californica California laure:l 25 feet
Cinnamomum canphora Ctunphor t.^ee 30 ~eet
Ficus.macrophylla Moreton bay fig. 3d feet
Ficus retusa Indian laurel 25 feet
Fraximus uhdei • Ever~reen ash • 3~ ~eet
3~.caranda acutifolia • •Jacaranda 35 ~'ee~
• Magnolia grandiflora • Southern ma~nolia ~0 fee~E
Morus alba • Fll:ite mizlberry 30 feet
Olea europea Olive ••25 feet
Pyrus kawakami Ever~reen pear . 25•Seet ',
Schimus molle Ca.13'fornia pepper 30 feet
:SECTION 17.08.65o CONDITIOIJAL EXCEPTIONS TO CHAPTER.
Conditional exceptions to the regulations
' herein defined may be authorized if exceptiorial or special
circumstahces apply to the property. Such special
' cirbumstances may include lim3.ted size,.unusual shape,.
•~ extreme topography, dominatin~ draina~e problems or the
.- ---~. impracticability •of employing a confor:ning p~lan or layout by
~ reasori of pricr existing reoorded subdivisions of contiguous
-~'' properties. . ~ •
• ~ ~ ~The City Council shall have the right to
• '~wraive the requirements'of this chaptier for good cause shown.
• Applicati~on for.waiver of the requirements of.this chap~er
•' shall be ma3e at tkie time of the filing of a tentative map
~ with the City Planning Commission~ •
. . .. . SECTION 3 . . . ' . . • •
• SEVERABILITY. The 'City Council of the City of Anaheim
hereby declares that should any se'ction, paragraph, sentence or word
~ of this chapter of the Code hereby adopted be declared for any reason
• .,~ . ko ~e invalid, it is the intent of the Council that it would have
` passed alI other portions of this chapter independent of the e1l.min-
•- ation herefrom of any suoYa portion as may be declared invalid.
5ECTION 4. . ', •
The City Clerk shall certify to the passa~e of this or-
dinance and shdll cause the same to be printed once within fifteen
~' (lj) days after its adoption in the Anaheim Bulletin, a newspaper
• of general circulation, prihted, published and cira~ulated in said
~ City, and thirty (30) days from and after its final passa~e, it .
'' ~ shall take effect and be in full Torce. .'
• THE ~'OREGOING ORDINANCE is approved•and signed by me
• this' ' ~ d8y of ~ ~ _a 19 , . . ,
ATT~ST:
MAXOR OF THE CITY OF ANAtIEIM
CITY CLGRK OI~' Tl[I's CITY OI~ ANAIiF.IhI
FAL~~h
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