4354ORDINANCE NO. 4354
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SECTIONS 17.08.070 AND
17.08.071 OF CHAPTER 17.08 OF TITLE
17 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO SUBDIVISIONS, DECLARING
THE URGENCY THEREOF, AND DECLARING
THAT THIS ORDINANCE SHALL TAKE
EFFECT IMMEDIATELY.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
AS FOLLOWS:
SECTION 1.
That Section 17.08.070 and 17.08.071 of Chapter
17.08 of Title 17 of the Anaheim Municipal Code be, and the
same are hereby, amended to read as follows:
"17.08.070 PARCEL MAPS -REQUIRED.
A parcel map shall be filed
and recorded for any subdivision for which a parcel
map is required by the provisions of the Subdivision
Map Act of the State of California.
Such maps shall meet all the require-
ments for a parcel map of the Subdivision Map Act and
of this chapter and may show all dedications or offers
of dedication thereon. The City Engineer may require
that such dedications or offers of dedication be made
by deed in lieu of or in addition to appearing on the
map.
17.08.071 PARCEL MAP -WAIVER.
The requirement that a parcel
map be filed as imposed by Section 17.08.070 of this
chapter may be waived where the advisory agency deter-
mines that the proposed division of land complies with
the requirements established by the Subdivision Map Act
and this chapter as to area, improvement and design,
floodwater drainage control, appropriate improved public
roads, sanitary disposal facilities, water supply
availability, environmental protection, and other require-
ments of the Subdivision Map Act and this chapter.
Where the requirement for a parcel map is
waived pursuant to this section, a tentative map may be
required by the advisory agency."
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SECTION 2. DECLARATION OF URGENCY
The City Council of the City of Anaheim hereby
declares this ordinance to be necessary as an emergency
measure for the immediate preservation of the public health
or safety. A statement of the reasons for its urgency is
as follows:
1. Section 66428 of the Government Code
of the State of California exempts conveyances of land
to or from a governmental agency, public entity or
public utility from the otherwise applicable require-
ments of the Subdivision Map Act for the preparation,
filing, approval and recordation of a final or parcel
map.
2. The City of Anaheim has heretofore
adopted local ordinances to implement and carry out
the provisions of the Subdivision Map Act.
3. Through inadvertence, Sections
17.08.070 and 17.08.071 of the Anaheim Municipal
Code fail to include language similar to that con-
tained in Government Code Section 66428 exempting
governmental agencies, public entities and public
utilities from parcel map requirements or otherwise
allowing for a waiver of said requirements, including
the requirement for a tentative map, in conjunction
with such conveyances.
4. Unless and until this ordinance takes
effect it will be unclear whether the current provisions
of Sections 17.08.070 and 17.08.071 of the Anaheim
Municipal Code are intended to require parcel maps for
conveyances of land to and from public entities, including
the City of Anaheim.
5. Any interpretation of the aforesaid
ordinances which would require parcel maps for convey-
ances to and from governmental agencies, public entities
and public utilities would be detrimental to the public
health or safety since it would significantly lengthen
the process for such public acquisitions and conveyances
and could result in delays in installation of necessary
public improvements.
SECTION 3. DECLARATION OF IMMEDIATE EFFECT
For the reasons set forth in Section 2 above, this ordinance
shall take effect and be in full force immediately upon and
after its adoption.
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SECTION 4.
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, printed, published and
circulated in said City.
THE FOREGOING ORDINANCE is approved and adopted
by the City Council of the City of Anaheim this 27th
day of July 1982.
MAYOR OF THE CITY ANAHEIM
ATTEST:
ASSISTANT CITY CLERK OF THE CITY OF AHEIM
.JLW / vh_
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance No. 4354 was introduced and adopted at a regular
meeting of the City Council of the City of Anaheim held on the 27th day of
July, 1982, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4354 on the 27th day of July, 1982.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 27th day of July, 1982.
LINDA D. ROBERTS, CITY CLERK
BY2,9-�"t— /
ASSISTANT CITY CLERK
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original Ordinance No. 4354 and was published once in the
Anaheim Bulletin on the 6th day of August, 1982.
LINDA D. ROBERTS, CITY CLERK
IS;
BY ���
ASSISTANT CITY CLERK