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HomeMy WebLinkAboutNS-1390REL: nr 10-4-77 ORDINANCE NO. NS-1390 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 34-2, 34-3, 34-11, 34-100, 34-105, 34-106, 34-119, 34-120, 34-176, AND 34-184, AND REPEALING SECTIONS 34-98, 34-99, 34-101, 34-102, 34-103, 34-104, 34-107, 34-108, 34-109, 34-181, 34-185, 34-186, 34-187, 34-188, 34-189, AND 34-190 OF THE SANTA ANA MUNICIPAL CODE TO CONFORM THE SUBDIVISION ORDINANCES OF THE CITY OF SANTA ANA WITH THE STATE SUBDIVISION MAP ACT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 34-2 of the Santa Ana Munici- pal Code, is hereby amended to read as follows: Sec. 34-2. Administrative Fees. Fees for the processing of tentative, final, and parcel maps, parcel map waiver applications, and requests for certifi- cates of compliance, and any other procedure required or autho- rized by the Subdivision Map Act or this Chapter, may be esta- blished by resolution of the city council, and payment of such fees shall be required at the time of initial filing of such map, application or request. SECTION 2: That Section 34-3 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 34-3. Procedure for waiver of technical errors. No map shall be approved unless there has been compli- ance with all the requirements and conditions imposed by the Sub- division Map Act and this chapter, except when noncompliance is the result of a technical and inadvertant error which, in the determination of the city council, does not materially affect the validity of the map. In certifying any parcel or final map, the city engineer may likewise waive noncompliance on such basis, pro- vided he shall report any such waiver to the city council at the time of submission of the map to the city council. Any subdivider aggrieved by the refusal of the city engineer to waive noncom- pliance may request the city council to review the city engineer's determination. The city council may affirm, modify, or reverse any determination of waiver by the city engineer. SECTION 3: That section 34-11 of the Santa Ana Muni- cipal Code, is hereby amended to read as follows: Sec. 34-11. Terms not specifically defined herein. Whenever any words or phrases used in this chapter are not defined herein but are defined in the Subdivision Map Act, such definitions are incorporated herein and shall apply to such words and phrases used in this chapter as though fully set forth in full herein unless the context clearly indicates a different intent. ORDINANCE NO. NS-1590 PAGE TWO SECTION 4: That section 34-100 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 34-100. Other provisions to apply. Subdivisions requiring a parcel map or parcel map waiver are subject to the same design regulations and require- ments for dedications and improvements as subdivisions requir- ing a final map, provided that completion of required improve- ments in any division of land which is not a subdivision of five or more lots shall be governed by section 64411.1 of the Subdi- vision Map Act. SECTION 5: That section 34-105 of the Santa Ana Muni- cipal Code, is hereby amended to read as follows: Sec. 34-105. Parcel map. Parcel maps shall be processed by the city engineer and the director of planning and submitted to the city council for approval in the same manner as final maps. No parcel map shall be approved if it fails to conform to a previously approved and unexpired tentative map. A tentative map for a subdivision for which a parcel map or parcel map waiver is required shall expire one year after its approval unless extended by resolution of the city council. In granting any such extension, the city council may require compliance with additional conditions and require- ments to the same extent as if a new tentative map had been filed. SECTION 6: That section 34-106 of the Santa Ana Muni- cipal Code is hereby amended to read as follows: Sec. 34-106. Parcel map waiver procedure. (a) The director of planning shall waive the requirement that a parcel map be filed and approved for any particular pro- posed subdivision as to which a parcel map would otherwise be re- quired, provided he finds that: (1) any and all required dedications and improve- ments have been completed; (2) the design of the proposed subdivision is in conformity with an approved and unexpired tentative map; and (3) the proposed subdivision complies with all such other requirements as may have been established pursuant to the Subdivision Map Act and the ordinances of the City of Santa Ana, including requirements as to area, improvement and design, flood- water drainage control, appropriate improved public roads, sani- tary disposal facilities, water supply availability, and environ- mental protection. (b) A subdivider may apply for waiver of the parcel map requirement by submitting a written request for such waiver to the director of planning, together with legal descriptions of the par- cel to be subdivided and each parcel proposed to result from the subdivision and together with such application fee as may be es- tablished by resolution of the City Council. Upon receipt of such application, the director of planning shall, together with the city engineer, review the proposed subdivision for compliance with subsection (a) hereinabove. ORDINANCE NO. NS-1390 PAGE THP. EE (C) In the event that the director of planning deter- mines that the proposed subdivision does not comply with subsec- tion (a), he shall notify the subdivider in writing of the rea- sons for such determination. If the subdivider, within sixty days thereafter, demonstrates that he has taken such action as is nec- essary to bring the proposed subdivision into compliance with sub- section (a) above, the director of planning shall issue the waiver without requiring the subdivider to make new application therefor. (d) In the event that the director of planning deter- mines the proposed subdivision to be in compliance with subsection (a), he shall execute a written waiver of the parcel map require- ment and transmit it to the subdivider, identifying the proposed subdivision both by the legal descriptions as submitted by the sub- divider and by reference to the approved tentative map, and stat- ing that he finds that the proposed subdivision complies with all requirements of the Subdivision Map Act and the ordinances of the City of Santa Ana and that the requirement of a parcel map is therefore waived. (e) The director of planning shall maintain on file in his office a copy of each waiver issued pursuant to this section, together with the tentative map upon which such waiver is based. SECTION 7: That section 34-119 of the Santa Aha Munici- pal Code, is hereby amended to read as follows: Sec. 34-119. Filing map and data. A tentative map is required for every subdivision for which a parcel map, parcel map waiver, or final map is required. The subdivider shall file with the planning director white copies of the tentative map, which copies shall be accompanied by an owner's statement and accompanying data as required and made in accordance with the provisions of this article. The time of filing of a tentative map shall be construed to be the time at which the same, together with required data, is received by the planning director. The planning director shall indicate the date of filing upon all copies of the tentative map and accompanying data and thereafter shall transmit one copy of the map to each of the following: (1) The city engineer; (2) Each governmental agency entitled to review the tentative map pursuant to Chapter 3, Article 3 of the Subdivision Map Act; (3) Any city officer, governmental agency, or public utility company which the planning director determines may provide information or recommendations helpful in review of the map. One copy of the accompanying data, if any, shall be for- warded to the city engineer. SECTION 8: That section 34-120 of the Santa Ana Muni- cipal Code, is hereby amended to read as follows: Sec. 34-120. Preparation by qualified person; compli- ance with law. ORDINANCE NO. NS-1390 PAGE FOUR The subdivider shall cause the tentative map of land proposed to be subdivided to be prepared by a registered civil engineer or a licensed land surveyor and such tentative map shall be in full compliance with this article and the Subdivi- sion Map Act, except that a tentative map for a subdivision for which a parcel map or parcel map waiver is required need not com- ply with sections 34-121 and 34-122, provided, however, such a tentative map shall show the location and dimensions of the pro- posed lots, and the planning director may require the subdivider to furnish any of the additional information or data described in section 34-122 whenever he shall determine that such informa- tion or data is necessary to insure the safe and reasonable deve- lopment of the neighborhood in conformance with the intent of this chapter. SECTION 9: That section 34-176 of the Santa Ana Muni- cipal Code, is hereby amended to read as follows: Sec. 34-176. Time limit. A final map for a subdivision shall be filed with the city engineer prior to the expiration of the tentative map approved for such subdivision. A tentative map for a subdivision for which a final map is required shall expire eighteen (18) months after its approval unless extended by resolution of the city coun- cil. In granting such extension, the city council may require compliance with additional conditions and requirements to the same extent as if a new tentative map had been filed. SECTION 10: That section 34-184 of the Santa Ana Muni- cipal Code, is hereby amended to read as follows: Sec. 34-184. Improvement plans and profiles. The plans and profiles of all improvements required by the provisions of this article, as well as of other improve- ments proposed to be installed by the subdivider in, over or under any street, alley, way, easement or parcel of land where improvements are required or proposed shall be filed with the city engineer. If all details, plans and profiles of improve- ments are not filed with the city engineer at the time of filing of the final map, the agreement for completion of improvements shall include a guarantee that the remaining plans and profiles will be prepared in accordance with the requirements of the city engineer. In all cases where topography controls the design, all details, plans and profiles of improvement~ required by the city engineer must be submitted at the time of filing of final map. SECTION 11: That sections 34-98, 34-99, 34-101, 34-102, 34-103, 34-104, 34-107, 34-108, 34-109, 34-181, 34-185, 34-186, 34-187, 34-188, 34-189, and 34-190 of the Santa ana Municipal Code are hereby repealed. ORDINANCE NO. NS-1390 PAGE FIVE SECTION 12: If any section, subsection, sentence, clause, phrase ~r portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitu- tional. SECTION 13: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be con- strued as affecting any of the provisions of such ordinance re- lating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordi- nance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED, this 21st 1977, by the following vote: day of November AYES: COUNCILMEN: Ward, Brandt, Bricken, 0rtiz, Yamamoto, Evans, Garthe NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None ATTEST: CLERK OF THE COUNCIL MAYOR APPROVED AS TO FORM: KEITH L. GOW CITY ATTOP=NEY