3474ORDINANCE N0. 3474
AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING
CHAPTER 17.08 AND ADDING A NEW CHAPTER 17.08
RELATING TO SUBDIVISIONS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
FOLLOWS:
SECTION 1.
That Chapter 17.08 of the Anaheim Municipal Code be,
and the same is hereby, repealed.
SECTION 2.
That Title 17, Chapter 17.08 be, and the same is hereby,
added to the Anaheim Municipal Code to read as follows:
"SECTION 17.08.010 GENERAL PLAN CONFORMANCE; TIME FOR OR
WAIVER OF REPORT.
.010 A report as to conformity to the
General Plan, which is required pursuant to Section 65402
of the Government Code as the result of a proposed division
of land, may be included as part of and at the same time as
the action taken by the advisory agency on such division of
land.
.020 Such report is not required for a
proposed subdivision which involves 1) the disposition of
the remainder of a larger parcel which was acquired and used
in part for street purposes; 2) acquisitions, disportions or
abandonments for street widening; or 3) alignment projects,
provided that the advisory agency expressly finds that any
such disposition for street purposes, acquisitions, disposi-
tions, or abandonments for street widening, or alignment
projects is of a minor nature.
SECTION 17.08.020 CITATION AND AUTHORITY.
This Chapter is adopted to supplement and
implement the Subdivision Map Act and may be cited as the
"Subdivision Ordinance of the City of Anaheim."
SECTION 17.08.030 ALLEY DEFINED.
"Alley" means a public thoroughfare util-
ized as a means of secondary vehicular access.
SECTION 17.08.031 ARTERIAL HIGHWAY DEFINED.
"Arterial highway" means a public thorough-
fare designated as a major, primary, secondary or collector
street on the Arterial Streets and Highways Section of the Cir-
culation Element of the General Plan of the City of Anaheim.
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SECTION 17.08.032
California.
SECTION 17.08.033
CITY DEFINED.
"City" means the City of Anaheim,
CONDOMINIUM 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, together with a separate interest
in space in a residential, industrial or commercial building on
such real property, such as an apartment, office or store. A
"condominium" may include, in addition, a separate interest in
other portions of such real property.
SECTION 17.08.034 FINAL MAP DEFINED.
"Final map" means a tract or parcel map pre-
pared by or under the direction of a licensed land suveyor or
registered civil engineer in accordance with the provisions of
the Subdivision Map Act of the State of California and all ap-
plicable codes of the City of Anaheim, which map is designed
to be placed on record in the office of the County Recorder.
SECTION 17.08.035 GENERAL PLAN DEFINED.
"General Plan" means those documents, both
written and graphic, including the land use, public facilities,
circulation elements and other elements as adopted and amended
by the City Council as a statement of development policies.
SECTION 17.08.036 IMPROVEMENTS DEFINED.
For the purpose of this chapter, "improve-
ments" shall be construed to be the construction of streets,
including excavation, paving, curbs, gutters and sidewalks;
sewers, including construction of main lines, house connections
and structures; street lights; street signs; the construction
of water mains and fire hydrants and house laterals; drainage
facilities, street trees, and any miscellaneous construction
requirements. All such improvements shall conform to the City
of Anaheim standards and specifications.
SECTION 17.08.037 LIMITED VEHICULAR ACCESS RIGHTS DEFINED.
"Limited vehicular access rights" means
reservation of the right, easement or access of owners or occu-
pants of abutting lands, to a public way, for vehicular use,
except at points specifically designated on the final tract or
parcel map.
SECTION 17.08.038 LOT DEFINED.
"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 SUBDIVISION DEFINED.
"Subdivision" refers to any real property
improved or unimproved or portion thereof, or condominium
project shown on the latest County tax roll as a unit, or as
contiguous units, which is divided for the purpose of sale
or lease, or financing, whether immediate or future, by
any subdivider into two or more parcels or condominium, pro-
vided that this shall not apply to the leasing of apartments,
offices, stores or similar space within an apartment build-
ing, industrial building, commercial building or trailer
park.
SECTION 17.08.040 SUBDIVISION MAP ACT DEFINED.
The "Subdivision Map 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 right-of-way for primary
vehicular access, publicly maintained and for public use,
constructed in accordance with standard plans approved by the
City and on file in the office of the City Engineer.
SECTION 17.08.042 LICENSED SURVEYOR DEFINED.
"Licensed surveyor" means a person
registered by the State of California, in accordance with
Chapter 15, Division 3 of the Business and Professions Code,
who practices or offers to practice land surveying.
SECTION 17.08.043 PRIVATE STREET DEFINED.
A "private street" shall mean a right-of-
way, privately owned and maintained, which provides primary
vehicular access to parcels of land or buildings which would
otherwise have no direct access to dedicated public streets.
SECTION 17.08.044 REGISTERED CIVIL ENGINEER DEFINED.
"Registered civil engineer" means a
professional engineer registered by the State of California,
in accordance with Chapter 7, Division 3 of the Business and
Professions Code, who practices or offers to practice civil
engineering in any of its phases. This shall also include a
structural engineer registered by the State of California.
SECTION 17.08.045 TENTATIVE MAP DEFINED.
"Tentative map" means a tract or parcel
map prepared by or under the direction of a licensed land
surveyor or a registered civil engineer showing the
intended subdivision of a parcel of land, as well as the
existing conditions in and around it.
SECTION 17.08.046 VEHICULAR ACCESS RIGHTS DEFINED.
"Vehicular access rights" means the
right, easement or access of the owners or occupants of abut-
ting lands to or from a public way for vehicular use.
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SECTION 17.08.047 SOIL ENGINEER
"Soil Engineer" means a person who is a
registered Civil Engineer licensed by the State of
California and practices in soil mechanics and the analyses
of slope stability.
SECTION 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.
SECTION 17.08.070 PARCEL MAPS.
A parcel map shall be filed and recorded
for any subdivision for which a tentative and final tract
map is not required by the Subdivision Map Act except for
subdivisions created by short term leases (terminable by
either party on not more than 30 days' notice in writing)
of a portion of an operating right-of-way of a railroad
corporation defined as such by Section 230 of the Public
Utilities Code; provided, however, that upon a showing
made to the City Engineer based upon substantial evidence,
that public policy necessitates such a map, this exception
shall not apply.
Such maps shall
for a parcel map of the Subdivision
Chapter and may show all dedications
thereon. City. Engineer may require
offers of dedication be made by deed
to appearing on the map.
SECTION 17.08.075 FIELD SURVEY
meet all the requirements
Map Act and of this
or offers of dedication
that such dedications or
in lieu of or in addition
In all cases where a parcel 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 Engineer.
SECTION 17.08.080 FILING TENTATIVE PARCEL MAPS.
When a parcel map is required by this
Chapter, a tentative parcel map shall first be filed with the
City Engineer. Said map 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 parcel map as may be required by the City Engineer.
SECTION 17.08.090 FILING OF TENTATIVE TRACT MAP.
Tentative tract maps shall be filed with
the Development Services Department and shall be processed
in accordance with the Subdivision Map Act and the provisions
of this Chapter. The subdivider shall file as many copies of
the tentative tract map as may be required by the Development
Services Department.
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SECTION 17.08.100 ADVISORY AGENCY DUTIES.
.010 The Planning Commission shall make
investigations and reports on the design and improvement of
any proposed division of real property for which a tentative
tract map is filed, and shall have the authority to
recommend to City Council the imposition of requirements and
conditions upon such division of land, and to recommend to
City Council approval, conditional approval or disapproval
of such map and division of land. The Development Services
Director shall advise and assist in making investigations
and reports on tentative tract maps.
.020 The City Engineer shall make investi-
gations on the design 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 approve, conditionally approve
or disapprove such map and division of land.
.030 Any interested person adversely
affected by a decision of the City Council may file a complaint
with the City Council concerning such decision. Any such
complaint shall be filed with the City Clerk within fifteen
(15) days after the action which is the subject of the complaint.
The City Council may, in its discretion reject the complaint
within fifteen (15) days or set the matter for public hearing.
If the City Council rejects the complaint, the complainant shall
be notified of such action. If the matter is set for hearing,
the hearing shall be conducted and notice thereof given as
provided by Government Code Section 66451.3.
SECTION 17.08.110 EXPIRATION OF TENTATIVE TRACT MAP
APPROVAL.
.010 Expiration. The approval or conditional
approval of a tentative tract map shall expire eighteen (18)
months from the date the map was approved.
.020 Extension. The person filing the
tentative tract map may request an extension of the tenta-
tive tract map approval or conditional approval by written
application to the City Clerk, such application to be filed at
least thirty (30) days before the approval or conditional
approval is due to expire. The application shall state the
reasons for requesting the extension. In granting an exten-
sion, new conditions may be imposed and existing conditions
may be revised.
.030 Time Limit on Extensions. An ex-
tension or extensions of tentative tract map approval or
conditional approval shall not exceed two one-year extensions.
.040 Effect of Map Modification 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 FILE PARCEL MAP.
Failure to file a parcel map with the
County Recorder within sixty (60) days from the approval of
such map shall terminate all proceedings. Any subdivision
of the same land shall require the filing of a new map.
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SECTION 17.08.130 FAILURE TO PROCESS PARCEL MAP - NO
UTILITY SERVICE.
The City of Anaheim reserves the right
to refuse utility services to any person who fails to pro-
cess a parcel map as required by this Chapter.
SECTION 17.08.140 SUBMISSION OF MAPS.
The City Council shall from time to time,
by resolution, adopt and establish rules and regulations for
administrative procedure in the filing and processing of maps,
in accordance with the provisions of this chapter, and provide
for the furnishing of such number of copies of maps and docu-
ments, engineering data and information as may be required for
the proper administration and enforcement of the provisions of
this chapter.
Each proposed subdivision shall be submit-
ted in map form and each tentative and final map shall comply
with all the rules, regulations and requirements established
by any such resolutions adopted by the City Council.
SECTION 17.08.150 CONFORMANCE TO PLAN.
A subdivision plan shall be in substantial
conformance to the General Plan.
SECTION 17.08.160 PROCEDURE REGARDING TENTATIVE TRACT MAP.
The Planning Commission shall recommend
approval or disapproval of the tentative tract map within
thirty-five (35) days of the first hearing by the Planning
Commission unless said time limit shall be mutually extended
by the Planning Commission and the applicant.
SECTION 17.08.170 COUNCIL ACTION ON TENTATIVE TRACT
14AP-REPORT.
The City Council shall take action on the
tentative tract map at the first meeting following the date
on which the report of the Planning Commission is received,
unless a continuance is requested or agreed to by the
applicant.
SECTION 17.08.180 PREPARATION OF FINAL TRACT MAP.
After approval of the tentative tract
map by the City Council, the subdivider may have a final
tract map prepared that is in substantial compliance with the
approved tentative map. Said map shall be in full compliance
with the "Subdivision Map Act" and this chapter and shall be
recorded within one calendar year from the date of approval.
SECTION 17.08.190 WAIVER OF DIRECT ACCESS TO STREETS.
The Advisory Agency may impose a require-
ment that any dedication or offer of dedication 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
abutting thereon, and that if the dedication is accepted,
such waiver shall become effective in accordance with the
provisions of the waiver of direct access.
SECTION 17.08.200 RECITALS. TRACT MAPS.
The City Council does hereby find, deter-
mine and declare as follows:
.010 In 1975, the Legislature of the
State of California amended the Subdivision Map Act (Section
66410 et seq. of the California Government Code) so as to en-
able cities and counties to require either the dedication of
land, the payment of fees or a combination of both, for park
and recreational purposes as a condition of approval of a
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
.030 The City Council has adopted a gen-
eral plan containing such recreational element.
SECTION 17.08.210 SUBDIVIDERS MUST PROVIDE PARK AND RECREA-
TIONAL FACILITIES.
Every subdivider who subdivides land shall
dedicate a portion of such land, pay a fee, or do both, as set
forth in Sections 17.08.200 through 17.08.280 for the purpose
of providing park and recreational facilities to serve future
residents of each tract.
SECTION 17.08.220 APPLICATION.
Sections 17.08.200 through 17.08.280 shall
apply to all subdivisions, as that phrase is used in Section
66410 et seq. of the Government Code of the State of California
except subdivisions for which tentative tract maps have been
filed within thirty days after the effective date of the
ordinance codified in this section, and industrial
subdivisions.
SECTION 17.08.230 RELATION OF LAND REQUIRED TO POPULATION
DENSITY.
It is hereby found and determined that
the public interest, convenience, health, welfare and safety
require that one and one-half acres of property, for each
one thousand persons residing within 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 through 17.08.280 shall be determined in
accordance with the following schedule of densities by dwell-
ing unit as derived from the 1970 Federal Census:
.010 Single family dwelling units and
duplexes = 3.8 persons per dwelling unit;
.020 Multiple family dwelling units =
2.4 persons per dwelling unit;
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.030 Mobilehomes dwelling unit = 1.9
persons per dwelling unit.
The basis for determining the total
number of dwelling units shall be the number 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 amount of land required to be dedica-
ted by a subdivider pursuant to Sections 17.08.200 through
17.08.280 shall be:
.010 Per single family unit, 248.3
square feet;
.020 Per multiple family unit, 156.8
square feet;
.030 Per mobilehome dwelling unit, 124
square feet.
The above -listed amounts of land shall
be based on the following formula:
Amount of land per dwelling unit (S)P
1,000
S = Park standard
P = Population density per dwelling unit
Values used for determining amounts of
land per dwelling unit:
S = 1.5 acres or 65,340 square feet per 1,000 population
P = 3.8 persons/single dwelling unit
P = 2.4 persons/multiple dwelling unit
P = 1.9 persons/mobilehome dwelling unit.
SECTION 17.08.260 AMOUNT OF FEE IN LIEU OF LAND DEDICATION
Where a fee is required to be paid in lieu
of land 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 fees shall be based on
the following formula:
In -Lieu Fee Formula:
(h + D) SP
1,000 x 0.957 = Fee
L = Acreage land acquisition cost per acre
D = Average basic park development cost per acre
S = Park standard
P = Population density per dwelling unit
Values used for determining the recom-
mended in -lieu fees:
L = $35,000 per acre
a = $20,00.0 per acre
S = 1.5 acres per 1,000 population
P = 3.8 persons/single dwelling unit
P = 2.4 persons/multiple dwelling unit
P = 1.9 persons/mobilehome dwelling unit.
CHAPTER 17.08.270 CHOICE OF LAND 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 owner of the property
shall, as a part of such filing, indicate whether he desires
to dedicate property for park and recreational purposes, or
whether he desires to pay a fee in lieu thereof. If he de-
sires to dedicate land for this purpose, he shall designate
the area thereof on the tentative tract map as submitted.
.0102 Action of City. At the time of the
tentative tract map approval, the City Council shall determine,
as 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. Where dedication is required, it shall be
accomplished in accordance with the provisions of the Subdivi-
sion Map act. Where fees are required, the same shall be
deposited with the City prior to the issuance of a building
permit. Open space covenants for private park or recreation-
al facilities shall be submitted to the City 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 payment
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
.02.02 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 as
to whether land shall be dedicated, or whether a fee shall be
charged, or a combination thereof, shall be final and conclu-
sive. On subdivisions involving fifty lots or less, only the
payment of fee shall be required.
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SECTION 17.08.280 TIME OF COMMENCEMENT 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 17.08.280 shall be used only for the purpose
of providing park and recreational facilities to serve the sub-
division for which received and the location of the land and
the amount of fees shall bear a reasonable relationship to the
use of the park and recreational facilities by the future in-
habitants of the subdivision.
SECTION 17.08.300 RECITALS. PARCEL MAPS.
The City Council does hereby find, deter-
mine and declare as follows:
.010 In 1975, the Legislature of the
State of California amended the Subdivision Map Act (Section
66410 et seq. of the California Government Code) so as to en-
able cities and counties to require either the dedication of
land, the payment of fees or a combination of both, for park
and recreational purposes as a condition of approval of a
parcel map; and
.020 Section 66477 of the Subdivision
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 regulations are not more
restrictive than the requirements for a tract.
.030 Before a city may avail itself of
the Act, it must have a general plan containing a recreational
element with definite principles and standards for the park
and recreational facilities to serve the residents of the city;
and
.040 The City Council of the City has
adopted a general plan containing such recreational element.
SECTION 17.08.310 PROVISION FOR PARK AND RECREATIONAL
FACILITIES.
Every owner who constructs or installs
dwelling units in residential areas shall dedicate a portion
of such land, pay a fee, or do both, as set forth in Sections
17.08.300 through 17.08.380 for the purpose of providing park
and recreational facilities to serve future residents of the
residential area.
SECTION 17.08.320 APPLICATION.
Sections 17.08.290 through 17.08.370 shall
apply to trailer parks and all residential areas not included
in subdivisions except dwelling units for which buildings per-
mits have been applied for within thirty days after the effect-
ive date of the ordinance codified in this section.
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SECTION 17.08.330 RELATION OF LAND REQUIRED TO POPULATION
DENSITY.
It is determined that the public interest,
... convenience, health, welfare and safety require that one and
one-half acres of property, for each one thousand persons re-
siding within the 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 following schedule of densities by dwell-
ing unit as derived from the 1970 Federal Census:
.010 Single family dwelling units and
duplexes = 3.8 persons per dwelling unit;
.020 Multiple family dwelling units =
2.4 persons per dwelling unit;
.030 Mobilehomes dwelling unit = 1.9
persons per dwelling unit.
The basis for determining the total num-
ber of dwelling units shall be the number of such units per-
mitted by the City on the property at the time the building
permit is approved by the City Building Department.
SECTION 17.08.350 AMOUNT OF LAND TO BE DEDICATED.
The amount of land required to be dedi-
cated pursuant to Sections 17.08.290 through 17.08.370 shall
be:
.010 Per single family unit, 248.3
square feet;
.020 Per multiple family unit, 156.8
square feet;
.030 Per mobilehome dwelling unit, 124
square feet.
The above -listed amount of land shall be
based on the following formula:
Amount of land per dwelling unit = (S)
1,000 P
S = Park standard
P = Population density per dwelling unit
Values used for determining amounts of
land per dwelling unit:
S = 1.5 acres or 65,340 square feet per 1,000 population
P = 3.8 persons/single dwelling unit
P = 2.4 persons/multiple dwelling unit
P = 1.9 persons/mobilehome dwelling unit.
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SECTION 17.08.360 AMOUNT OF FEE IN LIEU OF LAND DEDICATION.
Where a fee is required to be paid in lieu
of land dedication, the amount of such fee shall be:
.010 Per single family unit, $300;
.02.0 Per multiple family unit, $189.50;
.030 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 = Park standard
P = Population density per dwelling unit
Values used for determining the recom-
mended in -lieu fees:
L = $35,000 per acre
D = $203000 per acre
S = 1.5 acres per 1,000 population
P = 3.8 persons/single dwelling unit
P = 2.4 persons/multiple dwelling unit
P = 1.9 persons/mobilehome dwelling unit.
SECTION 17.08.370 CHOICE OF LAND OR FEE.
.010 Procedure. The procedure for deter-
mining whether the owner is to dedicate land, pay a fee, or
both, shall be as follows:
.0101 Subdivider. At the time of making
application for a building permit, the owner of the property
shall, as a part of such application, indicate whether he de-
sires to dedicate property for park and recreational purposes,
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, of the building permit, the Building Department or
the City Council shall determine as a part of such approval,
whether to require a dedication of land, payment of fee in lieu
thereof, or a combination of both.
.0103 Prerequisites for Approval of Final
or Parcel Map. Where dedication is required, it shall be
accomplished in the same manner as required for tracts in
"-` accordance with the provisions of the Subdivision Map Act.
Where fees are required, the same shall be deposited with the
City prior to the approval of the building permit. Open space
covenants for private park and recreational facilities shall
be submitted to the City prior to approval of the building
permit and shall be recorded prior to approval.
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.020 Determination. Whether the City
Council accepts land dedication or elects to require payment
of fee in lieu thereof, or a combination of both, shall be 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 available 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 conclu-
sive. On areas involving fifty lots or less, only the payment
of fees shall be required.
SECTION 17.08.380 TIME OF COMMENCEMENT TMST BE DESIGNATED.
At the time that the building permit is
approved, the Building Division or the City Council shall
designate the time when development of the park and recrea-
tional facilities shall be commenced.
SECTION 17.08.390 DEDICATION REGULATIONS 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 dedication of all parcels of land with-
in the subdivision that are needed for streets, alleys,
including access rights and abutters' rights, drainage,
easements, public utility easements, and other public easements.
In addition, the subdivider shall improve or agree to improve
all streets, alleys, drainage easements, public utility ease-
ments, and other public or private easements.
SECTION 17.08.400 DRAINAGE AND SEWER FACILITIES - PAYMENT
OF FEES REQUIRED.
Prior to approval of any final tract map or
parcel map, or prior to the issuance of a grading permit or
building permit, if no parcel or tract map is required, the
subdivider shall pay or cause to be paid any fees for defraying
the actual or estimated costs of constructing planned drainage
facilities for the removal of surface and storm waters from
local or neighborhood drainage areas or sanitary sewer
facilities for local sanitary sewer areas established pursuant
to Section 66483 of the Government Code.
SECTION 17.08.410 BRIDGE CROSSINGS AND MAJOR THOROUGHFARES -
PURPOSE.
The purpose of this section is to make
provision for assessing and collecting fees as a condition of
approval of a final tract map or parcel map or as a condition
of issuing a building permit for the purpose of defraying the
actual or estimated costs of constructing bridges or major
thoroughfares pursuant to Section 66484 of the Government Code.
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SECTION 17.08.420 SUPPLEMENTAL IMPROVEMENTS: REIMBURSEMENT
AGREEMENTS - REQUIRED.
-- The subdivider may be required to install
improvements for the benefit of the subdivision which may con-
tain supplemental size, capacity or number for the benefit of
property not within the subdivision as a condition precedent
to the approval of a subdivision or parcel map, and thereafter
to dedicate such improvements to the public. However, the
subdivider shall be reimbursed for that portion of the cost
of such improvements equal to the difference between the
amount it would have cost the subdivider to install such im-
provements to serve the subdivision only and the actual cost
of such improvements pursuant to the provisions of the Sub-
division Map Act.
SECTION 17.08.425 FEES AND PERMITS.
Fees and permits shall be paid or acquired
for map filing, map checking, inspection of construction,
sewer installation, assessment for recreational facilities,
street trees, water fees or the bonding therefor shall be as
established by City Council resolution.
SECTION 17.08.430 SUPPLEMENTAL IMPROVEMENT: REIMBURSEMENT
AGREEMENT - FUNDING PROCEDURES.
No charge, area of benefit or local bene-
fit 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
and the area of benefit or local benefit district is reason-
ably related to the cost of such supplemental improvements
and the actual ultimate beneficiaries thereof.
In addition to the notice required by
this section, written notice of the hearing shall be given to
the subdivider and to those who own property within the
proposed area of benefit as shown on the latest equalized
assessment roll, and the potential users of the supplemental
improvements insofar as they can be ascertained at the time.
Such notices shall be mailed by the City Clerk at least ten
(10) days prior to the date established for hearing.
SECTION 17.08.440 SUPPLEMENT IMPROVEMENTS: DRAINAGE, SEWER-
AGE, BRIDGES AND MAJOR THOROUGHFARES.
If the City has adopted a local drainage
or sanitary sewer plan or map as required for the imposition
of fees therefor, or has established an area of benefit for
bridges or major thoroughfares as provided in this ordinance,
the City may impose a reasonable charge on property within the
area benefited and may provide for the collection of said
charge as set forth in this ordinance. The City may enter
into reimbursement agreements with a subdivider who constructs
said facilities, bridges or thoroughfares and the charges col-
lected by the City therefor may be utilized to reimburse the
subdivider as set forth herein.
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SECTION 17.08.450 IMPROVEMENT SECURITY: REQUIRED.
Any improvement agreement, contractor
act required or authorized by the Subdivision Map Act, for
which security is required, shall be secured in the manner
provided for in Sections 66496 and 66499 et seq., of the
Subdivision Map Act.
SECTION 17.08.460 IMPROVEMENT SECURITY: AMOUNT.
The improvement security shall be in the
amount set forth or authorized in Section 66499.3 of the Sub-
division Map 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 bond or bonds furnished
by duly authorized corporate surety, an additional amount
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 work to the extent that such changes or alterations do
not exceed ten (10) percent of the original estimated cost of
the improvement.
SECTION 17.08.470 IMPROVEMENT SECURITY: SPECIAL ASSESSMENT
PROCEEDING - REDUCTION.
In the event the required subdivision im-
provements are financed and installed pursuant to special
assessment proceedings, the subdivider may apply to the City
Council for a reduction in the amount of the improvement se-
curity required 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. The
City Council may grant such reduction if it finds that such
bonds have been in fact provided and that the obligations se-
cured thereby are substantially equivalent to that required
by this ordinance.
SECTION 17.08.1180 IMPROVEMENT SECURITY: RELEASE.
The improvement security required here-
under shall be released in the following manner:
.010 Security given for faithful perform-
ance of any act or agreement shall be released upon the final
completion and acceptance of the act or work.
.020 Security given to secure payment to
the contractor, his subcontractors and to persons furnishing
labor, materials or equipment, may, six months after the com-
pletion 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
an amount reasonably determined by the City Council to be re-
quired to assure the performance of any other obligations se-
cured thereby. The balance of the security shall be released
upon the settlement of all such claims and obligations for
which the security was given.
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.030 No security given for the guaranty or
warranty of work shall be released until the expiration of
the period thereof.
SECTION 17.08.490 REVERSION TO ACREAGE BY FINAL MAP.
Subdivided property may be reverted to
acreage pursuant to provisions of this chapter.
SECTION 17.08.500 INITIATION OF PROCEEDINGS BY OWNERS.
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
prescribed by the City Engineer. The petition shall contain
the information required by Section 17.08.540 and such 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 own motion, may by minute order initiate
proceedings to revert property to acreage. The City Council
shall direct the City Engineer to obtain the necessary
information to initiate and conduct the proceedings.
SECTION 17.08.520 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 property; or
.030 Evidence that none of the improve-
ments required to be made have been made within two years
from the date the final tract map or parcel map was filed
for record, or within the time allowed by agreement for
completion of the improvements, whichever is later; or
.040 Evidence that no lots shown on the
final tract or parcel map have been sold within five (5)
years from the date such final or parcel map was filed for
record.
.050 A final reversion to acreage map in
the form prescribed by the City Engineer which delineates
dedications which will not be vacated and dedications
required as a condition to reversion.
SECTION 17.08.530 PROCEEDINGS BEFORE THE CITY COUNCIL.
A public hearing shall be held before the
City Council on all petitions for initiations for reversions
to acreage. Notice of the public hearing shall be given as
provided in Section 66451.3 of the Government Code. The City
may give such other notice that it deems necessary or advis-
able.
The City Council may approve a reversion
to acreage only if it finds and records in writing that:
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.010 Dedications or offers of dedication
to be vacated or abandoned by the reversion to acreage are
unnecessary for present or prospective public purposes; and
.020 Either:
.011 All owners of an interest in the
subdivision have consented to reversion; or
.012 None of the improvements required
to be made have been made within two (2.) years from the date
the final tract or parcel 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 record.
The City Council may require as
conditions of the reversion:
.030 The owners dedicate or offer to
dedicate streets or easements.
.040 The retention of all or a portion
of previously paid subdivision fees, deposits or improve-
ment securities if the same are necessary to accomplish any
of the provisions of this chapter.
SECTION 17.08.540 RETURN OF FEES, DEPOSITS: RELEASE OF
SECURITIES.
Except as provided in Section
17.08.530.020 upon filing of the final map for reversion to
acreage with the county recorder, all fees, and deposits
shall be returned to the subdivider and all improvement
securities shall be released by the City Engineer.
SECTION 17.08.550 DELIVERY OF FINAL REVERSION TO ACREAGE MAP.
After the hearing before the City Council
and approval of the reversion, the final map shall be delivered
to the County Recorder.
SECTION 17.08.560 EFFECT OF FILING REVERSION TO ACREAGE MAP
WITH THE COUNTY RECORDER.
Reversion shall be effective upon the final
map being filed for record by the County Recorder. Upon filing,
all dedications and offers of dedication not shown on the final
map for reversion shall be of no further force and effect.
SECTION 17.08.570 FINAL TRACT OR PARCEL MAP: MONUMENTS.
.010 At the time of making the survey for the
final tract or parcel map, the engineer or surveyor shall set
sufficient durable monuments to conform with the standards
described in Section 8771 of the Business and Professions Code
so that another engineer or surveyor may readily retrace the
survey.
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.020 All monuments necessary to establish the
exterior boundaries of the subdivision shall 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 Engineer are in a form
satisfactory to the 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 approved
until an environmental impact analysis is prepared, processed
and considered in accordance with the provisions of California
Environmental Act. The subdivider shall provide such addi-
tional data and information 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 EROSION CONTROL.
Every map approved pursuant to this chapter
shall be conditioned on compliance with the requirements for
grading and erosion control, including the prevention of sedi-
mentation or damage to off-site property, set forth in Chapter
17.04, 17.06 of this Code.
SECTION 17.08.600 UTILITY AND SEWER EASEMENTS.
.010 Utility lines including, but not
limited to, electrical, telephone, street lights and cable
television shall be placed underground. Necessary surface -
mounted transformers, pedestal -mounted terminal boxes and
meter cabinets, ducts, street lighting or signal control
cabinets and other associated equipment in an underground
system may be placed aboveground. The Utilities Director
may waive the requirements of this paragraph if topograph-
ical, soil or other conditions make such underground
installations impractical. This paragraph shall not apply
to utility lines which do not provide service to the area
being subdivided or developed.
.020 where 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 the Utilities Director and the City
Engineer or serving utility as the case may be.
.030 Underground utility easements shall
be provided and shall be of such width and location as
determined to be necessary by the Utilities Director or
serving utility as the case may be.
.040 Public easements shall be cleared of
all structures, by the person or persons providing said
easement, at no expense to the City of Anaheim.
.050 Encroachments are permitted into
public easements only after the processing of an encroachment
permit and approval by the City Council.
i
SECTION 17.08.610 OFF-STREET PARKING AREAS.
The size, location and layout of special
areas proposed to be dedicated to the public use for the
parking of motor vehicles shall be in conformance with
Title 18 of this Code and such other regulations as the City
Council may adopt.
SECTION 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 other official
plans adopted pursuant to law.
.020 Lots having no frontage on a public
street may be cause for disapproval of a subdivision.
.030 The width of lots shall be such as
will conform to standards of development as defined in Title
18 of this Code, entitled "Zoning," or by other official
plans adopted pursuant to law.
Lots not in conformity to the above
shall be subject 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 of lots shall be
approximately at right angles to the street center line on
straight streets or approximately radial on curved streets.
.060 The creation of double frontage lots
may be cause for disapproval.
SECTION 17.08.630 LOTS ADJACENT TO FREEWAYS, EXPRESSWAYS,
ARTERIAL HIGHWAYS AND RAILROAD RIGHTS-
OF-WAY.
.010 Lots adjacent to freeways and express-
ways shall rear on to said freeway or expressway and shall
have a minimum depth of one hundred fifty feet.
.020 Lots adjacent to all other classifi-
cations of arterial highways or railroad rights-of-way shall
have a minimum depth of one hundred twenty feet.
.030 Conditional exceptions to the regula-
tions set forth in Section 17.08.630.010 and .020 above, may
be authorized if a specific plan is approved by the City for
lots adjacent to freeways, expressways, arterial highways and
railroad rights-of-way in accordance with City Council Policy
No. 538.
Application for approval of specific
plans shall be made at the time of the filing of a tentative
tract map or tentative parcel map.
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SECTION 17.08.640 LANDSCAPING AND NATURAL FEATURES.
.010 On all lots adjacent to freeways and
expressways a six foot high, landscaped, earthen berm
shall be provided adjacent to the right-of-way line.
.020 Where special circumstances exist for
a property such as limited size, unusual shape, extreme
topography, dominating drainage problems or the impractic-
ability of employing .010 above, a decorative masonry wall
may be required in lieu of the earthen berm.
The decorative masonry wall shall
include design variations. Variations in the required wall
that are designed to include such decorative materials as
wood, stone, or offsets for landscaping are encouraged.
.030 On each building site or lot of a
subdivision there shall be ten trees per gross acre or two
trees per lot whichever is greater and shall be spaced at
intervals of not more than forty feet.
.040 Those lots adjacent to freeways,
expressways, arterial highways or railroad rights-of-way
shall plant trees within ten feet of the property line
nearest the right-of-way line, except where existing trees
are being preserved.
.050 New trees may be selected from the
plant material list in Section 17.08.640.080 and shall be
in fifteen gallon containers and be at least six feet tall
at the time of planting.
.060 A functional test of the sprinkler
system shall be performed by the installer in the presence
of the City Building Inspector.
.070 Recognizing the existing Eucalyptus
tree windbreaks as one of the primary natural features of
Orange County and the City of Anaheim, this section attempts
to retain the character they exemplify. Developers are
encouraged to leave existing windbreaks and use the techniques
of pruning or thinning to preserve them where feasible.
Where a developer retains existing trees, said trees may be
counted in calculating the number of required trees set forth
in Section 17.08.640.030.
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.080 Suggested Trees.
Botanical Name
Cupressus macrocarpa
Eucalyptus varieties
Liriodendron rulipifera
Pittosporum undulatum
Platanus acerifolia
Populus fremontia
Umbellularia californica
Cinnamomum camphora
Ficus macrophylla
Ficus retusa
Fraximus uhdei
Jacaranda acutifolia
Magnolia grandiflora
Morus alba
Olea eurooea
Pyrus kawakami
Schimus molle
SECTION 17.08.645
Height at
Common Name Maturity
Monterey cypress
40
feet
Gums
30-50
feet
Tulip tree
60
feet
Victorian box
30
feet
London plane tree
40
feet
Freemont cottonwood
50
feet
California laurel
25
feet
Camphor tree
30
feet
Moreton bay fig
30
feet
Indian laurel
25
feet
Evergreen ash
30
feet
Jacaranda
35
feet
Southern magnolia
50
feet
White mulberry
30
feet
Olive
25
feet
Evergreen pear
25
feet
California pepper
30
feet
SOILS REPORTS
Soils Engineering Reports and Engineering
Geological Reports shall be furnished to the City as required by
Chapter 17.06 unless waived by the City Engineer.
SECTION 17.08.650 CONDITIONAL EXCEPTIONS TO CHAPTER.
Conditional exceptions to the regulations
herein defined may be authorized if exceptional or special
circumstances apply to the property. Such special
circumstances may include limited size, unusual shape,
extreme topography, dominating drainage problems or the
impracticability of employing a conforming plan or layout by
reason of prior existing recorded subdivisions of contiguous
properties.
The City Council shall have the right to
waive the requirements of this chapter for good cause shown.
Application for waiver of the requirements of this chapter
shall be made at the 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 section, paragraph, sentence or
word of this chapter 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 chapter indepen-
dent of the elimination herefrom of any such portion as may be
declared invalid.
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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, and thirty (30) days from and after
its final passage, it shall take effect and be in full force.
THE FOREGOING ORDINANCE is approved and sined by me
this 21st day of October , 1975•
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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...
STATE OF CALIFOR14IA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, AL04A 11. HOUGARD, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Ordinance No. 3474 was introduced
at a regular meeting of the City Council of the City of Anaheim,
held on the 14th day of October, 1975, and that the saiae was duly
passed and adopted at a regular meeting of said City Council held
on the 21st day of October, 1975, by the following vote of the
members thereof:
AYES: COUNCIL tfiL'i•IBERS: Seymour, Pebley and Thom
NOES: COUNCIL 11EIAMRS : Aone
ABSENT: COUNCIL 1E1BERS: Kaywood and Snee as
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Ordinance No. 3474 on the 21st day of October,
1975.
IN WITNESS M'iEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 21st day of October, 1975.
CITY CLERK. OF THE CITY OF ANAHElii
(SEAL)
I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Ordinance No.
3474 and was published once in the Anaheim Bulletin on the 31st day of
October, 1975.
kz
City Clerk