3720ORDINANCE NO. 3720
AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING
SECTIONS 17.08.039, 17.03.090, 17.08.100,
17.08.160, 17.08.170, 17.o8.18o, 17.08.240,
17.08.270, 17.08.280, 17.08.370, 17.08.3801
17.08.510, 17.08.540 AND 17.08.650 OF TITLE 17,
CHAPTER 17.08 OF THE ANAHEIM HUNICIPAL CODE AND
ADDING NEW SECTIONS 17.08.0395 17.08.0905
17.08.100, 17.08.160, 17.08.170, 17.08.180,
17.08.240, 17.08.270, 17.08.280, 17.08.370,
17.08.380, 17.08.510, 17.03.540 AND 17.08.650 TO
TITLE 17, CHAPTER 17.08, RELATING TO SUBDIVISIOivS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
AS FOLLOWS:
SEC`T'ION 1.
That Sections 17.08.039, 17.08.090, 17.08.100,
17.08.160, 17.08.170, 17.08.180, 17.08.240, 17.08.270,
17.08.280, 17.08.370, 17.08.380, 17.08.510, 17.08.540 and
17.08.650 of Title 17, Chapter 17.08 of the Anaheim Municipal
Code be, and the same are hereby, repealed.
SECTION 2.
That new Subsections 17.08.039, 17.08.090, 17.08.100,
17.08.160, 17.08.170, 17.08.180, 17.08.240, 17.08.270,
17.08.280, 17.08.370, 17.08.380, 17.08.510, 17.08.540 and
17.08.650 of Title 17, Chapter 17.08 be, and the same are here-
by, added to the Anaheim Municipal Code to read as follows:
"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 condominiums, pro-
vided that this Chapter shall not apply to any
of the following:
.010 The financing or leasing of
apartments, offices, stores or similar space
within apartment buildings, industrial
buildings, commercial buildings, mobilehome
parks or trailer parks;
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.020 Mineral, oil or gas leases;
.030 Land dedicated for cemetery pur-
poses under the Health and Safety Code of the
State of California.
.04.0 Lot line adjustments between two
or more adjacent parcels, where the land
taken from one parcel is added to an adjacent
parcel, and where a greater number of parcels
than originally existed is not thereby created,
provided the lot line adjustment is approved by
resolution of the advisory agency.
"17.08.090 FILIivG OF TEN`hATIVE TRACT MAP.
Tentative tract maps shall be filed with
the Planning Department and shall be processed in
accordance with the Subdivision Map Act and the
provisions of this Chanter. The subdivider shall
file as many copies of the tentative tract map as
may be required by the Planning Department.
"17.03.100 ADVISORY AGENCY DUTIES.
.010 The Planning Commission shall make
investigations 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 impose requirements and
conditions upon such division of land, and to
approve, conditionally approve, or disapprove
such map and division of land. The Planning
Director shall advise and assist in making
investigations and reports on tentative tract
map s .
.020 The City Engineer shall make
investigations on the design and improvement of
any proposed division of real property for which
a parcel map is filed and shall have the authority
to impose requirements and conditions upon such
division of land, and to approve, conditionally
approve or disapprove such map and division of
land.
.030 The subdivider or any interested
person adversely affected by a decision of the
advisory agency under any provision of this
Chapter may file an appeal or complaint with
the City Council concerning such decision.
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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 in the
manner provided by Government Code Sections
66451.3 and 66452.5.
"17.08.160 PROCEDURE REGARDING TENTATIVE TRACT MAP.
The Planning Commission shall approve,
conditionally approve, or disapprove the tentative
tract map within fifty (50) days after the filing
thereof with its clerk and report its action to the
subdivider, unless said time limit shall be
mutually extended by the Planning Commission and
the applicant.
"17.08.170 COUNCIL ACTION ON TENTA`T'IVE TRACT MAP --
APPEAL.
The City Council shall take action on any
complaint or appeal from the decision of the
advisory agency regarding any tentative tract map
within the time limit specified in Section
17.08.100.030 hereof, unless a continuance is
requested or agreed to by the applicant.
"17.08.180 PREPARATION OF FINAL TRACT MAP.
After approval or conditional approval of
the tentative tract map, the subdivider may have a
final tract map prepared that is in substantial
compliance with the approved or conditionally
approved tentative map. A final map shall not be
deemed in substantial compliance with the tentative
map if it shows an increase in the number of lots
or density of the proposed subdivision.
Said map shall be in full compliance with the
Subdivision Map Act and this chapter and shall be
approved by the advisory agency and recorded within
one calendar year from the date of approval, unless
an extension of time is granted by the advisory
agency. Any interested person may appeal the
decision of the advisory agency to the City Council
in the manner set forth in Section 17.08.100.030
hereof.
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"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 dwelling unit as derived
from the 1970 Federal Census:
.010 Single family dwelling units and
duplexes = 3.71 persons per dwelling unit.
.020 Condominium dwelling units = 2.80
persons per dwelling unit.
.030 Multiple family dwelling units =
2.25 persons per dwelling unit.
.040 Mobilehomes dwelling unit = 1.89
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 a
subdivision at the time the final subdivision tract
map is filed for approval.
"17.08.270 CHOICE OF LAND 0H FEE.
.010 Procedure. For subdivisions of
of fifty (50) lots or less, only the payment
of the requisite fee shall be required. In
all other cases the procedure for determin-
ing 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 ;nap 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 desires 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 advisory
agency 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.
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.0103 Prerequisites for Approval of Final
Tract Map_ . Where dedication is required, it
shall be accomplished 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 issuance of a build-
ing permit. Open space covenants for private
park or recreational 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
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
.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 as to
whether land shall be dedicated, or whether a fee
shall be charged, or a combination thereof, shall be
final and conclusive.
"17.08.280 TIME OF COMP•'TE dC?4ENT MUST BE DESIGNATED.
Prior to issuance of the building permit,
the City Council shall designate the time when
development of the park and recreational facilities
shall be commenced.
"17.08.370 CHOICE OF LAND OR FEE.
.010 Procedure. For maps involving fifth=
(50) lots or less, only the payment of the requisite
fee shall be required. In all other cases, the
procedure for determining whether the owner is to
dedicate land, pay a fee, or both, shall be as
follows:
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.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 desires 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 advisory
agency, following consultation with the
Director of Parks, Recreation and Arts, 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
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 for approval and
recorded prior to issuance of the building
permit.
.020 Determination. Whether the City
accepts land dedication or elects to require
payment of fee in lieu thereof, or a
combination of both, shall be determined by
consideration of the following:
.02.01 Recreational element of the City's
General Plan; and
.020.2 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 as to
whether land shall be dedicated or whether a fee
shall be charged, or a combination thereof, shall
be final and conclusive.
sm
"17.08.380 TIM, OF COP•H,!ZENCEP!IENT VffJST BE DESIGNATED
Prior to issuance of the building permit,
the City Council shall designate the time when
development of the park and recreational facilities
shall be commenced.
"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 for the City
Council to initiate and conduct the proceedings.
"17.08.540 RETURN OF FEES, DEPOSITS --
RELEASE OF SECURITIES.
Except as provided in Section 17.08.530.040
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.
"17.08.650 CONDITIONAL EXCEPTIONS TO CHAPTER.
Conditional exceptions to the regulations
herein defined may be authorized by the advisory
agency if it finds that 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.
Application for waiver of the requirements
of this Chapter shall be made at the time of the
filing of a tentative map. The decision of the
advisory agency shall be subject to appeal to the
City Council in the manner set forth in Section
17.08.100.030 hereof."
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
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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.
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 signed by me
this 21st day of June , 1977•
ATTEST:
.&
CITY CLERK OF THE CITY OF ANAHEIM
JLW : j h
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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. 3720 was introduced at a regular meeting of
the City Council of the City of Anaheim, held on the 14th day of June, 1977, and
that the same was duly passed and adopted at a regular meeting of said City
Council held on the 21st day of June, 1977, by the following vote of the members
thereof:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Roth
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and
signed said Ordinance No. 3720 on the 21st day of June, 1977.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the City of Anaheim this 21st day of June, 1977.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing is the original Ordinance No. 3720 and was published once in
the Anaheim Bulletin on the 1st day of July, 1977.
V/
z040aaTa $uiuuVTJ
CITY CLERK
"I