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6511ORDINANCE NO. 6 511 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING AND RESTATING CHAPTER 17.10 OF THE ANAHEIM MUNICIPAL CODE RELATING TO LOT LINE ADJUSTMENTS. WHEREAS, Section 66412 of the Government Code of the State of California prohibits landowners using lot line adjustments to reconfigure more than four parcels of land. Rather than permitting lot line adjustments between two or more existing adjacent parcels, lot line adjustments are limited to four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created; and WHEREAS, the City Council of the City of Anaheim desires to conform the procedures for processing lot line adjustments in Chapter 17.10 of the Anaheim Municipal Code with the requirements of Section 66412 of the Government Code of the State of California. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 17.10 of the Anaheim Municipal Code is hereby deleted in its entirety and replaced with the following new Chapter 17.10, to read in full as follows: Sections: "Chapter 17.10 LOT LINE ADJUSTMENTS 17.10.100 Purpose of chapter. 17.10.110 Criteria. 17.10.120 Application and review. 17.10.130 Decision of City Engineer and Land Surveyor final. 17.10.140 Recordation. 17.10.100 PURPOSE OF CHAPTER. The purpose of this chapter is to establish procedures for the property owner(s) obtaining a lot line adjustment to make minor adjustments to the property lines between four or fewer existing adjoining parcels. No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment. 17.10.110 CRITERIA. An owner or owners of four or fewer existing adjoining legal parcels proposing to adjust the boundaries of the parcels so that the land taken from one parcel is added to an adjoining parcel and a greater number of parcels than originally existed is not thereby created may apply for a lot line adjustment. A parcel from a recorded Lot Line Adjustment with a recorded conforming deed or from a recorded Certificate of Compliance or created by a Final Map or Parcel Map is a lawfully subdivided parcel. 17.10.120 APPLICATION AND REVIEW. .010 Application for a lot line adjustment and review thereof shall conform to such requirements as to form, content and processing as may be specified by the City Engineer in documents on file in the Public Works — Engineering Department and as approved by the City Surveyor in conformance with the Professional Land Surveyors Act technical requirements. .020 The application for a lot line adjustment shall be prepared by a person authorized to practice land surveying pursuant to Sections 8700 through 8806 of the State of California Business and Professions Code. Notwithstanding the foregoing, no record of survey shall be required for a lot line adjustment unless required by Section 8762 of the California Business and Professions Code. .030 The review of the lot line adjustment will verify conformance with requirements set forth in Title 15, Buildings and Housing and Title 18, Zoning of this code and shall not interfere with or, when applicable, shall facilitate relocation of existing utilities, infrastructure, or easements. 17.10.130 DECISIONS OF CITY ENGINEER AND CITY SURVEYOR FINAL. The approval of lot line adjustments and subsequent review and approval of deeds are ministerial acts and not subject to CEQA. The City Engineer shall approve or deny the lot line adjustment based on compliance with the requirements specified by the City Engineer in documents on file in the Public Works — Engineering Department, including compliance with Titles 15 and 18. The City Surveyor shall recommend to the City Engineer approval or denial of the lot line adjustment based on compliance with the requirements outlined in the Land Surveyors Act. Any decision of the City Engineer and City Surveyor made pursuant to this chapter shall be final and conclusive. 17.10.140 RECORDATION. After a lot line adjustment has been approved by the City Engineer and the City Surveyor, the lot line adjustment shall be reflected in a deed or deeds. The lot line adjustment and deed(s) shall be recorded in the Office of the Orange County Recorder. The lot line adjustment shall be recorded within one calendar year from the date of approval. A copy of the recorded lot line adjustment and deed(s) shall be submitted to the City Clerk. The newly recorded lots may be part of subsequent lot line adjustments and follow the same criteria as established in Section 66412 of the Government Code of the State of California and the Land Surveyors Act. SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 3. SAVINGS CLAUSE. Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 4. CERTIFICATION 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, published and circulated in the City of Anaheim, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 20th day of Jul 4 , 2021, and thereafter passed and adopted at a regular meeting of said City Council held on the _1 Oth day of Au st , 2021, by the following roll call vote: AYES: Mayor Sidhu and Council Members Faessel, Diaz, Moreno, Valencia, and O'Neil NOES: None ABSENT: None ABSTAIN: None [One City Council vacancy] 49 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6511 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 20th day of July, 2021, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 10th day of August, 2021, by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Diaz, Moreno, Valencia, and O'Neil NOES: None ABSENT: None ABSTAIN: None [One City Council vacancy] IN WITNESS WHEREOF, I have hereunto set my hand this 12th of August, 2021. RK OF THE CITY OF ANAHEIM (SEAL) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6511 which was published in the Orange County Register on the 251h day of August, 2021 and in the Anaheim Bulletin on the 26th day of August, 2021, pursuant to Section 512 of the City Charter of the City of Anaheim. e--5TY-JLERK OF THE CITY OF ANAHEIM (SEAL) The Orange County Register 1771 S. Lewis Street Anaheim, CA 92805 714-796-2209 5190168 ANAHEIM,CITY OF/CLERKS OFF 200 S ANAHEIM BLVD STE 217 ANAHEIM, CA 92805-3820 FILE NO. ORD-6511 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, SS. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of The Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which newspaper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of November 19, 1905, Case No. A-21046, that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 08/25/2021, 08/26/2021 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: August 25, 2021. Signature PROOF OF PUBLICATION Legal No. 0011481550 ORDINANCE NO.6511 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING AND RESTATING CHAPTER 17.10 OF THE ANAHEIM MUNICI- PAL CODE RE LAT I N G TO LOT LINE ADJUSTMENTS, WHEREAS, Section 66412 of the Government Code of the State of California Prohibits landowners using lot line adjustments to reconfigure more than four parcels of land. Rather than permitting lot line adjustments between two or more existing adjacent parcels, lot line adiustments are limited to four or fewer existing adjoining parcels, where the land taken from one Parcel is added to on adjoining parcel, and where a greater number of parcels than originally existed is not thereby created; and WHEREAS, the City Council of the City of Anaheim desires to conform the procedures for processing lot line adjustments in Chapter 17.10 of the Anaheim Municipal Code with the re- quirements of Section 66412 of the Government Code of the State of California. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES OR- DAIN AS FOLLOWS: SECTION 1 Chapter 17.10 of the Anaheim Municipal Code is hereby deleted in its entirety and re- placed with the following new Chopter 17,10, to read in full os follows: "Chapter 17.10 LOT LINE ADJUSTMENTS Sections: 17,10,100 Purpose of chapter. 17.10.110 Criteria. 17.10.120 Application and review. 17.10.130 Decision of City Engineer and I and Surveyor final. 17.10.140 Recordation. 17.10.100 PURPOSE OF CHAPTER. The purpose of this chapter is to establish procedures for the property owner(s) obtain- ing a lot line adjustment to make minor adjustments to the property lines between four or fewer existing adjoining parcels. No tentative map, parcel map, or final map shall be re- quired as a condition to the approval of a lot line adjustment. 17.10.110CRITERIA. An owner or owners of four or fewer existing adjoining legal parcels proposing to adjust the boundaries of the parcels so that the land taken from one parcel is added to an adiolning parcel and a greater number of parcels than originally existed is not thereby created moy apply for a lot line adjustment. A parcel from a recorded Lot Line Adiustment with a re- corded conforming deed or from a recorded Certificate of Compliance or created by a Final Map or Parcel Map is a lawfully subdivided parcel. 17,10.120 APPLICATION AND REVIEW. .010 Application for a lot line adjustment and review thereof shall conform to such re- quirements as to form, content and Processing as may be specified by the City Engineer in documents on file In the Public Works . Engineering Department and as approved by the City Surveyor in conformance with the Professional Land Surveyors Act technical require- ments. .020 The application for a lot line adjustment shall be prepared by a person authorized to practice land surveying Pursuant to Sections 8700 through 8806 of the State of California Business and Professions Code. Notwithstanding the foregoing, no record of survey shall be required for a lot line adiustment unless required by Section 8762 of the California Business and Professions Code. .030 The review of the lot line adiustment will verify conformance with requirements set forth in Title 15, Buildings and Housing and Title 18, Zoning of this code and shall not in- terfere with or, when applicable, shall facilitate relocation of existing utilities, infrostruc• lure, or easements. 17.10.130 DECISIONS OF CITY ENGINEER AND CITY SURVEYOR FINAL. The approval of lot line adjustments and subsequent review and approval of deeds are ministerial octs and not subject to CEQA. The City Engineer shall approve or deny the lot line adiustment based on compliance with the requirements specified by the City Engineer in documents on file in the Public Works — Engineering Department, including compliance with Titles 15 and 18. The City Surveyor shall recommend to the City Engineer approval or Land (Surveyors Act. Any decisionaof � City Engineewith a d City SurveyornmadetPur outlined to this chapter shall be final and conclusive. 17.10.140 RECORDATION. After a lot line adjustment has been approved by the City Engineer and the City Survey- or, the lot line adjustment shall be reflected in a deed or deeds. The lot line adjustment and deed(s) shall be recorded in the Office of the Orange County Recorder. The lot line adjust- ment shall be recorded within one calendar year from the date of approval. A copy of the re- corded lot line adjustment and deed(s) shall be submitted to the City Clerk. The newly re- corded lots may be part of subsequent lot line adjustments and follow the some criteria as established in Section 66412 of the Government Code of the State of California and the Land Surveyors Act. SECTION 2. SEVERABILITY. UP1-12,15116 2 If any section, subsection, sentence, Clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every sec- tion, subsection, sentence, clause or phrase not declared Invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional, SECTION3. SAVINGSCLAUSE. Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any vioiotion thereof. The provisions of this or - (finance, insofar as they are substantially the some as ordinance provisions previously adopted by the City relating to the some subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION A, CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the some to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim, and thirty (30) days from and offer its final passage, it shall fake effect and be in full force. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Coun- cil of the City of Anaheim held on the 20th day of July 2021, and thereafter passed and adopted at a regular meeting of said City Council -field on tiie "10th day of _August_,, 2021, by the following roll call vote: AYES: Mayor Sidhu and Council Members Foessel, Diaz, Moreno, Valencia, and O'Neil NOES: None ABSENT: None ABSTAIN: None (One City Council vacancy] CITY OF ANAHEIM /s/ Harry S. Sidhu MAYOR OF THE CITY OF A ATTEST: Fst Theresa Bass CITY CLERIC OF THE CITY OF ANAHEIM Published Anaheim Bulletin Aug. 19. 2021 .s11C Anaheim Bulletin 1771 S. Lewis Street Anaheim, CA 92805 714-796-2209 5190168 ANAHEIM,CITY OF/CLERKS OFF 200 S ANAHEIM BLVD STE 217 ANAHEIM, CA 92805-3820 FILE NO. ORD-6511 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, SS. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 08/25/2021, 08/26/2021 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: August 26, 2021. Signature PROOF OF PUBLICATION Legal No. 0011481550 r.LP,-1 , I ORDINANCE NO.6511 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING AND RESTATING CHAPTER 17.10 OF THE ANAHEIM MUNICI- PAL CODE RELATING TO LOT LINE ADJUSTMENTS. WHEREAS, Section 66412 of the Government Code of the State of California Prohibits landowners using lot line adjustments to reconfigure more than four parcels of land. Rather than permitting lot line adjustments between two or more existing adjacent parcels, lot line odiustments are limited to four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adiolning parcel, and where a greater number of parcels than originally existed is not thereby created; and WHEREAS, the City Council of the City of Anaheim desires to conform the procedures for processing lot fine adiustments in Chapter 17.10 of the Anaheim Municipal Code with the re- quirements of Section 66412 of the Government Code of the State of California. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES OR- DAIN AS FOLLOWS: SECTION 1. Chapter 17.10 of the Anaheim Municipal Code is hereby deleted in its entirety and re- placed with the fallowing new Chapter 17.10, to read in full as follows: "Chapter 17.10 LOT LINE ADJUSTMENTS Sections: 17.10,100 Purpose of chapter. 17.10.110 Criteria. 17.10.120 Application and review. 17,10.130 Decision of City Engineer and Land Surveyor final. 17.10.140 Recordation. 17.10.100 PURPOSE OF CHAPTER. The purpose of this chapter is to establish procedures for the property owner(s1 obtain- ing a lot line adjustment to make minor adjustments to the property lines between four or fewer existing adjoining parcels. No tentative map, parcel map, or final map shall be re- quired as a condition to the approval of a lot line adjustment. 17.10.110 CRITERIA. An owner or owners of four or fewer existing adjoining legal parcels proposing to adjust the boundaries of the parcels so that the land taken from one parcel is added to on adjoining parcel and a greater number of parcels than originally existed is not thereby created may apply for a lot line adjustment. A parcel from a recorded Lot Line Adjustment with a re- corded conforming deed or from a recorded Certificate of Compliance or created by a Final Mapor Parcel Map is a lawfully subdivided parcel. 17.10.120 APPLICATION AND REVIEW. .010 Application for a lot line adjustment and review thereof shall conform to such re- quirements as to form, content and Processing as may be specified by the City Engineer in documents on file in the Public Works -- Engineering Department and as approved by the City Surveyor in conformance with the Professionot Land Surveyors Act technical require- ments. .020 The application for a lot line adjustment shall be prepared by a person authorized to practice land surveying pursuant to Sections 8700 through 8806 of the State of California Business and Professions Code, Notwithstanding the foregoing, no record of survey shall be required for a lot line adjustment unless required by Section 8762 of the California Business and Professions Code. .030 The review of the lot line adjustment will verify conformance with requirements set forth in Title 15, Buildings and Housing and Title 18, Zoning of this code and shall not in- terfere with or, when applicable, shall facilitate relocation of existing utilities, infrastruc• ture, or easements. 17.10.130 DECISIONS OF CITY ENGINEER AND CITY SURVEYOR FINAL. The approval of lot Ilne adjustments and subsequent review and approval of deeds are ministerial acts and not subject to CEQA. The City Engineer shall approve or deny the lot line adjustment based on compliance with the requirements specified by the City Engineer In documents on file In the Public Works — Engineering Department, Including compliance with Titles 15 and 18. The City Surveyor shall recommend to the City Engineer approval or denial of the lot line adjustment based on compliance with the requirements outlined in the Land Surveyors Act. Any decision of the City Engineer and City Surveyor made pursuant to this chapter shall be final and conclusive. 17.10.140 RECORDATION. After a lot line adjustment has been approved by the City Engineer and the City Survey- or, the lot line adjustment shall be reflected in a deed or deeds. The lot line adjustment and deed(s) shall be recorded in the Office of the Orange County Recorder_ The lot line adjust- ment shall be recorded within one calendar year from the date of approval. A copy of the re- corded lot line adjustment and deed(s) shall be submitted to the City Clerk. The newly re- corded lots may be part of subsequent lot line adjustments and follow the some criteria as established in Section 66412 of the Government Code of the State of California and the Land Surveyors Act. SECTION 2, SEVERABILITY, UPI-12115,16 2 If any section, subsection, sentence, clause or Phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have Passed this Ordinance, and each and every sec- tion, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION3. SAVINGSCLAUSE. Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances which violations were committed Prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this or- dinance, insofar as they are substantially the some as ordinance provisions previously adopted by the City relating to the same subiect matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 4. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the some to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim, and thirty (30) days from and offer its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Coun- cil of the City of Anaheim held on the 20th day of .July 2021. and thereafter passed and adopted at a regular meeting of said City Council -held on the _loth_ day of _August_, 2021, by the following roll call vote: AYES: Mayor Sidhu and Council Members Foessel, Diaz, Moreno, Valencia, and O'Neil NOES: None ABSENT: None ABSTAIN: None [One City Council vacancy] CITY OF ANAHE IM /s/ Harry S. Sidhu MAYOR OF THE CITY OF ATTAAETAI ATTEST /s/ Theresa Bass CITY CLERK OF THE CITY OF ANAHEIM Published Anaheim Bulletin Aug. 19, 2021 r.LPI-12/15116