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4776ORDINANCE NO. 4776 AN ORDINANCE OF OF THE CITY OF ANAHEIM ADDING CHAPTER 17.09 PERTAINING TO VESTING TENTATIVE MAPS TO THE ANAHEIM MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Title 17 of the Anaheim Municipal Code be amended by adding thereto a new Chapter 17.09 to read as follows: "CHAPTER 17.09 SUBDIVISIONS - VESTING TENTATIVE MAPS 17.09.100 PURPOSE OF CHAPTER This chapter is enacted pursuant to the authority granted by Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the Government Code of the State of California (hereinafter referred to as the Vesting Tentative Map Statute) It is the purpose of this Chapter to establish procedures for the implementation of the Vesting Tentative Map Statute and to supplement the provisions of the Subdivision Map Act and Chapter 17.08 of this Code. Except as otherwise expressly set forth in this chapter, the provisions of Chapter 17.08 shall apply to, and govern the processing of, vesting tentative maps. This Chapter shall expire upon the termination or repeal of the Vesting Tentative Map Statute. 17.09.110 CONSISTENCY No land shall be subdivided or developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan of the City of Anaheim and any applicable specific plan or in any manner not permitted by Chapter 17.08 or other applicable provisions of the Anaheim Municipal Code. 17.09.120 DEFINITIONS .010 'Vesting Tentative Map' shall mean a 'tentative map' of land proposed for residential development only which, at the time of filing and thereafter, shall have printed conspicuously on its face the words 'Vesting Tentative Map,' and which is processed in accordance with the provisions of this Chapter. .020 All other definitions set forth in Chapter 17.08 shall apply to this Chapter. 17.09.130 APPLICATION M-. This Chapter shall apply only to the subdivision of property for purposes of residential development. 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 a residential development, a vesting tentative map may instead be filed in accordance with the provisions of this Chapter. 17.09.140 FILING A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports as required by Chapter 17.08, except that the following additional requirements and conditions shall apply: A. Subdivider shall obtain final approval of any and all zone reclassifications (including adoption of any ordinance), variances, conditional use permits required to change the zoning of the property prior to filing a vesting tentative map. B. At the time of filing, and at all times thereafter, the map shall have conspicuously printed on its face the words 'Vesting Tentative Map.' C. At the time of presentation of a vesting tentative map, the subdivider shall supply the following: 1. The filing fees required for processing of a tentative map. 2. A report from the Director of the Community Development and Planning Department, or his designee, that the proposed project meets all applicable City zoning and planning requirements and certifying to the adoption of the zoning ordinance permitting the uses proposed on the Vesting Tentative Map. 3. Sewer, water, storm drain, electrical, cable television, telephone, gas and street improvement details. studies. 4. Geological, soils and other 5. Flood control information. -2- 6. A school impact analysis. 7. A traffic impact analysis. 8. Detailed grading plans. 9. Solar access, passive or natural heating or cooling opportunities. 10. Signing program (advertising and safety signing). 11. Proposed programs for open space maintenance, slope maintenance, provision of trails/parks and maintenance thereof. 12. Documentation of subdivider's contact with Department of Fish and Game and the Army Corps of Engineers. 17.09.150 PROCESSING - PRE -FILING .010 Within thirty (30) days of receipt of the map and the documents required by 17.09.140(C), the Director of Community Development and Planning Department or his designee shall notify the subdivider that the application is complete or incomplete. If the Director of Community Development and Planning Department finds that the application is complete, the application shall be filed. If the Director of Community Development and Planning Department finds that the application is incomplete, the Director of Community Development and Planning Department shall notify the subdivider of the documents required to complete the application. If the Director of Community Development and Planning Department fails to notify the subdivider, the application is deemed to be incomplete and the applicant may request the Director of Community Development and Planning Department to notify the applicant of documents required to complete the application. .020 All vesting tentative maps shall, after filing, be processed in accordance with Chapter 17.08 and this Chapter. 17.09.160 EXPIRATION A Vesting Tentative Map shall expire at the end of the same period, and shall be subject to the same time extensions established by Chapter 17.08 or the Subdivision Map Act for the expiration of a tentative tract map or tentative parcel map. -3- 17.09.170 VESTING OF MAP .010 The approval or conditional approval of a vesting tentative map shall confer a right to proceed with the development in compliance with the ordinances, policies, and standards in accordance with, and subject to, the provisions of Section 66474.2 of the Government Code for a period of not to exceed one (1) year beyond the recording of the map. .020 Notwithstanding the foregoing Section .010, a permit, approval or entitlement to proceed with the development may be conditioned or denied if any of the following findings are made: A. A failure to so condition or deny would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety or both. B. Any denial or additional condition is required in order to comply with state or federal law. 17.09.180 EXTENSIONS OF TIME - VESTING TENTATIVE MAP Any extension of time is discretionary and may be approved, conditionally approved or denied. SECTION 2. 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 12th day of November, 1986. MAYOR OF THE F ANAHEIM PRO TEM ATTEST - CITY CLERK OF THE CITY OF ANAHEIM MES:fm 5820M 101486 -4- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4776 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 4th day of November, 1986, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 12th day of November, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt and Pickler NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Roth AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim signed said Ordinance No. 4776 on the 12th day of November, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of November, 1986. 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 Ordinance No. 4776 and was published once in the Anaheim Bulletin on the 21st day of November, 1986. pro