HomeMy WebLinkAboutNS-2482 - Amending Various Sections of Chapter 34 Subdivisions of Santa Ana Municipal CodeORDINANCE NO. NS-2482
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING VARIOUS SECTIONS OF
CHAPTER 34 SUBDIVISIONS OF THE SANTA ANA
MUNICIPAL CODE
CLS/CGN: 090501
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
SECTION 1: The City Council has reviewed and considered the information
contained in the initial study and the negative declaration for Environmental Review
No. 00-209 prepared with respect to this Project. Pursuant to the California Environmental
Quality Act ("CEQA") and the State CEQA Guidelines, the negative declaration adequately
addresses the expected environmental impacts of this Project and reflects the City
Council's independent judgment and analysis. On the basis of this review, the City
Council finds that there is no evidence from which it can be fairly argued that the project
will have a significant adverse effect on the environment. The City Council hereby
approves and adopts the negative declaration and directs that the Notice of Determination
be prepared and filed with the County Clerk of the County of Orange in the manner
required by law.
Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the
City Council has determined that, after considering the record as a whole, there is no
evidence that the proposed project will have the potential for any adverse effect on
wildlife resources or the ecological habitat upon which wildlife resources depend. The
proposed project exists in an urban environment characterized by paved concrete,
roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and
Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game
Department filing fees is not required in conjunction with this project.
SECTION 2: The City Council of the City of Santa Ana hereby determines,
declares, and finds as follows:
A=
The City of Santa Ana desires to streamline the process for the approval of
final maps by allowing certification of said map by the City Engineer as
authorized by the Subdivision Map ACt, specifically Govemment Code
section 66458(d).
The City Engineer's approval over all final maps would be in accordance
with the approved tentative map and the provisions of the Subdivision Map
Act.
Co
The City of Santa Ana desires to provide efficiency for the approval of
tentative parcel maps and tentative maps by allowing the zoning
Ordinance No, NS-2482
Page 1 of 16
administrator to approve all tentative parcel maps and the planning
commission to approve all tentative maps.
All provisions of the Santa Ana Municipal Code which are repeated herein
are repeated solely in order to comply with the provisions of section 418 of
the Charter of the City of Santa Ana. Any such restatement of existing
provisions of the Code is not intended, nor shall it be interpreted, as
constituting a new action or decision of the City Council, but rather such
provisions are repeated for tracking purposes only in conformance with the
Charter.
SECTION 3: That Santa ^na Municipal Code section 34-3 is hereby amended to
read as follows: (new language in bold, deleted language in strikeout)
Sec. 34-3. Procedure for waiver of technical errors.
No map shall be approved unless there has been compliance with all the requirements
and conditions imposed by the Subdivision Map Act and this chapter, except when
noncompliance is the result of a technical and inadvertent error which, in the
determination of the "~*' ....... "~'
..,.~ ......... ~ty engineer, does not materially affect the validity of
the map "- "'-'*~,,~
...... ""* +~" *;"*" cf *"~'"'~°°~" cf +~" mop +'' *~" "~+ ........ " Any subdivider
aggrieved by the refusal of the city engineer to waive noncompliance 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 4: That Santa Ana Municipal Code section 34-12 is hereby amended to
read as follows: (new language in bold, deleted language in strikeout)
Sec. 34-12. Advisory agency
Except as noted herein "advisory agency" shall mean the zoning administrator for
tentative parcel maps; the planning commission for all other tentative maps; and city
engineer for all final maps "'"'~";"" '~;-~"* ........ ~...,~.... ,.m...~. cf +h~..-;+ ..... ~.,-. ~o *~...
,-~...~ ~.~..;..;o*.~*; .... m ....~ *~.....,-~..,.~,.,..~,...o,+.,,..,* The ad isory agency plam~9
'~;-"'"*"- cr .... ~. ,.,~......;,,, ..m ......... ~. ..... ;"" ~" "",, "' .... ~ is charged with the
duty of making investigations and reports on the design and improvement of proposed
subdivisions ~^~' .......... '~"- +~'" * .... cf +~';- "~'""*"- +~'" "'"-"~ ...... =-o;"- cf
SECTION 5: That Santa Ana Municipal Code section 34-12.5 is hereby added to
read as follows: (new language in bold, deleted language in strikeout)
Sec. 34-12.5. Tentative parcel map.
Ordinance No. NS-2482
Page 2 of 18
A tentative map for a parcel map or parcel map waiver.
SECTION 6: That Santa Ana Municipal Code section 34-28 is hereby added to
read as follows: (new language in bold, deleted language in strikeout)
Sec. 34-28. Final map
A final map shall not be deemed received by the city enqineer until it has been
technically checked by the public works agency for adherence to this chapter.
SECTION 7: That Santa Ana Municipal Code section 34-44 is hereby amended to
read as follows: (new language in bold, deleted language in strikeout)
Sec. 34-44. Private streets.
Whenever such intent does not contradict the provision of this chapter as it relates to
the master plan for streets and highways of the city or the protection of opportunities for
reasonable development of surrounding land adjacent to the proposed subdivision, a
street which is intended to be kept continuously closed to public travel or at all times
posted as a private street may be shown as a private street, and then only on conditions
which guarantee reasonable maintenance thereof. In any such instance, the final map
shall contain a continuing offer of dedication of such private street, available for
acceptance by the city enqineer ccu,",c!! at such time as the street shall have ceased to
remain so physically closed or posted or shall have been opened to public travel for a
period of one year or more. Such private streets shall comply in all respects to
requirements as set forth in this chapter, and a plan and profile of such street as
required by this chapter must accompany the final map. The side lines of private streets
shall be shown in broken lines and the area of said private streets shall be shown as a
part of the lots adjacent to said private streets.
SECTION 8: That Santa Ana Municipal Code section 34-49 is hereby amended to
read as follows: (new language in bold, deleted language in strikeout)
Sec. 34-49. Exception to alley provisions.
The city engineer cou,",c!! may waive any alley requirements provided for in sections 34-
46 through 34-48, if, in the opinion of the city engineer ccu.".c!!, said requirement is
impractical and unreasonable due to such factors as the existing development adjacent
to the property being subdivided, flood control channels or ditches, railroad tracks, or
topographic conditions such as abrupt changes in the elevation, any one of which
precludes the logical and practical extension of such required alley. If the owner
proposes that a required alley be waived, said proposal shall be in writing and submitted
at the time the preliminary map or tentative tract map is submitted to the planning
department for processing and shall stipulate therein the reasons said alley requirement
Ordinance No. NS-2482
Page 3 of 16
should not be imposed. The planning director shall, in his formal letter to the city -
enq~neer ........ , recommend adherence to or the waiving of such required alley.
SECTION 9: That Santa Ana Municipal Code section 34-81 is hereby amended to
read as follows: (new language in bold, deleted language in strikeout)
Sec. 34-81. List of minimum improvements.
The minimum improvements which the subdivider shall make, or agree to make, prior
to acceptance and approval of the final subdivision map by the,,,,·"~" ,, ........ ~ty
enqineer shall be as follows:
(1) Grading and surfacing of streets, highways, ways, and alleys;
(2) Combination concrete curbs and gutters and crossgutters;
(3) sidewalks, except where the construction of sidewalks would not be
advantageous due to the lack of sidewalks, on contiguous improved
streets the city enqineer cc'--',",c!! may, at its option, omit this requirement
(4) Installations for drainage of the subdivision lots, streets, ways, highways,
and alleys including the provisions of storm drains, culverts, bridges, and
appurtenant structures where required by the city engineer;
(5) Distribution and service lines for domestic water supply to each lot and
connections to the city's water distribution system;
(6) Sewer lines connected to the main collecting sewer lines of the city and
stub-offs from the secondary collection lines to a point one (1) foot outside
the public right-of-way at each potential building site;
(7) Fire hydrants at locations designated by the city engineer;
(8) Monuments;
(9) Two (2) street name signs at each intersection;
(10) Street trees; ........'~ ~"' ~' .... ~ .....
stnptn,q, N ....... ·
(11) S,qningand '' · ~ ........ ~"~"=""'~ .... '~'"~"*"'~'"'= ....
(12) Marbelite s-Street lights with under,qround service....~,...,,_w ....
f)eles at locations designated by the city engineer;
(13) Other installations of public utilities;
(14) A six-foot high chainiink fence entirely along any lot line abutting a river,
creek, open storm drain or similar water channel or its appurtenant works,
except that at the subdividers option he may substitute a fence of equal or
greater quality and security as approved by the city engineer;
(15) Remove the trees, brush, structures or other obstructions or debris lying
within an easement or right-of-way, for drainage, streets or other public
use.
SECTION 10: That Santa Ana Municipal Code section 34-105 is hereby
amended to read as follows: (new language in bold, deleted language in strikeout)
Sec. 34-105. Parcel map.
Parcel maps shall be processed and approved by the city engineer and thc
........ ' in the same manner
Ordinance No. NS-2482
Page 4 of 18
as final maps. No parcel map shall be approved if it fails to conform to a previously
approved and unexpired tentative map.
SECTION 11: That Santa Ana Municipal Code section 34-126 is hereby
amended to read as follows: (new language in bold, deleted language in strikeout)
Sec. 34-126. ~ Approval of tentative ,,map parcel maps by the zoning
administrator.
(a) Within a period of not more than fourteen (14) days from the receipt of a copy of any
tentative parcel map, each city officer or department to which such copy shall have
been transmitted shall file with the "~""";"" '~;'""*"' zoninq administrator his or its
approval or disapproval of such tentative parcel map or a report showing what changes
are necessary or desirable to make such tentative parcel map conform to the
requirements of this chapter coming within the jurisdiction of such officer or department.
Failure to file the report shall indicate approval of the map by such officer or department.
(b) At a duly noticed public hearing1 the zoning administrator shall review the
recommendations of said departments and officers and, if satisfied that the design of
the subdivision conforms to the requirements of this chapter, shall approve the map
within thirty (30) days after the filing of such map, unless such time is extended by
agreement with the subdivider. If the zoning administrator finds that the map does not
conform, or if substantive objections or recommendations for changes have been made
in the reports from city officers or departments, the zoning administrator shall
disapprove or conditionally approve the map. The zoning administrator shall thereupon
notify the subdivider of his or her decision in writing.
(c) If no appeal to the planning commission is filed by the subdivider as provided for in
section 34-129, the zoning administrator shall, within thirty (30) days of the filing of the
tentative parcel map by the subdivider, transmit a copy of the map, the accompanying
data, reports and recommendations made by the city officials and a written statement of
his or her decision to the city council.
SECTION 12: That Santa Ana Municipal Code section 34-127 is hereby amended
to read as follows: (new language in bold, deleted language in strikeout)
........... ~'-'" ~',, '-'--"";--' _ ........ Approval of other tentative maps by
Sec. 34-127. ^~'+~ ....,,..-~..., ~. ......... ~
p annin.q commission.
Ordinance No. NS-2482
Page 5 of 16
shall th .... pon n,.,,,,~ ..............................
(a) Within a period of not more than fourteen (14) days from the receipt of a copy of any
tentative map, except a tentative parcel map, each city officer or department to which
such copy shall have been transmitted shall file with the planning commission his or its
approval or disapproval of such tentative map or a report showing what changes are
necessary or desirable to make such tentative map conform to the requirements of this
chapter cominq within the jurisdiction of such officer or department. Failure to file the
report shall indicate approval of the map by such officer or department.
(b) At a duly noticed public hearing, the planning commission shall review the
recommendations of said departments and officers and, if satisfied that the design of
the subdivision conforms to the requirements of this chapter, shall approve the map
within thirty (30) days after the filinq of such map, unless such time is extended by
agreement with the subdivider. If the planning commission finds that the map does not
conform, or if substantive objections or recommendations for chanqes have been made
in the reports from city officers or departments, the planning commission shall
disapprove or conditionally approve the map. The planning commission shall thereupon
notify the subdivider of its decision in writinq.
(c) The planning commission shall, within thirty (30) days of the filinq of the tentative
map by the subdivider, transmit a copy of the map, the accompanying data, reports and
recommendations made by the city officials and a written statement of its decision to the
city council.
SECTION 13: That Santa Ana Municipal Code section 34-128 is hereby deleted
in its entirety: (new language in bold, deleted language in strikeout)
SECTION 14: That Santa Ana Municipal Code section 34-129 is hereby amended
to read as follows: (new language in bold, deleted language in strikeout)
Sec. 34-129. Appeal to planning commission.
If a subdivider is dissatisfied with the decision cr rcccmmcndct!cns fcr mcd!f!cct!cnc
made by the zon~nq adm~mstrator ,. ......... u ........ under this article, he may, within ten
fivc (10§) days after such notification, file a written notice of appeal to be heard by the
planning commission of the city. Such written notice of appeal shall contain a specific
Ordinance No. NS-2482
Page 6 of 18
statement of the point or points of disagreement between the subdivider and the zoning
administrator ~ and shall set out specifically the points of approval or
removal of conditions established by the zoning administrator p!3nnlnG al!rector, desired
by the subdivider, and the reasons and justifications therefor. Such written request for
hearing must contain a statement by the subdivider of willingness to extend the time of
approval of the map for a period of an additional thirty (30) days.
SECTION 15: That Santa Ana Municipal Code section 34-130 is hereby amended
to read as follows: (new language in bold, deleted language in strikeout)
Sec. 34-130. Hearing of appeal by the planning commission.
Such appeal from the zoning administrator ~ as provided in section 34-
129 shall be placed on the agenda of the planning commission for its next regular
meeting, at which time the planning commission shall declare that a public hearing on
the matter will be held at its next subsequent regularly scheduled meeting. The
intervening time may be used by the planning commission for further investigation of the
matters in question.
SECTION 16: That Santa Ana Municipal Code section 34-131 is hereby amended
to read as follows: (new language in bold, deleted language in strikeout)
Sec. 34-131. Decision of appeal by planning commission.
(a) At the regularly scheduled planning commission meeting set for hearing of the
appeal as provided in section 34-129, the commission shall consider the request for
reconsideration made by the subdivider and shall seek such additional testimony or
advice as they may feel desirable to assist in reaching a decision. The planning
commission shall approve, modify or disapprove of the decisions rendered by the
zoning administrator ~.
(b) Immediately following the rendering of a decision by the planning commission on the
hearing of appeal from the decision of the zoning administrator, a copy of the map,
accompanying data, reports and recommendations made by city officials and a copy of
the decisions made by the zoning administrator and planning commission shall be
transmitted to the city council
SECTION 17: That Santa Ana Municipal Code section 34-132 is hereby amended
to read as follows: (new language in bold, deleted language in strikeout
Sec. 34-132. ' ' Appeal to city council.
Ordinance No. NS-2482
Page 7 of 16
(a) The subdivider may appeal the decision of the planning commission made pursuant
to section 34-127 or 34-131 to the City Council within ten (10) days after receiving
notification of such decision by filing a written notice of appeal to the city clerk. Such
written notice of appeal shall contain a specific statement of the point or points of
disagreement between the subdivider and planning commission and shall set out
specifically the points of disagreement or removal of conditions established by the
panning commission, and the reasons and justifications therefor. Such written request
for hearing must contain a statement by the subdivider of willingness to extend the time
of approval of the map for a period of an additional thirty (30) days.
(b) Such appeal shall be placed on the agenda of the city council for its next regular
meeting, at which time the city council shall declare that a public hearinq on the matter
will be held at its next subsequent regularly scheduled meeting. The intervening time
may be used by the city council for further investiqation of the matters in question.
(c) At the reqularly scheduled city council meetinq set for public hearing of the appeal,
the city council shall consider the appeal made by the subdivider de novo and shall
seek such additional testimony or advice as they may feel desirable to assist in reaching
a decision. The city council shall approve, conditionally approve, or disapprove the
tentative map within ten (10) days following the conclusion of the public hearinq, and
make written findinqs supporting its decision as may required by the Subdivision Map
Act.
SECTION 18: That Santa Ana Municipal Code section 34-133 is hereby deleted
in its entirety: (new language in bold, deleted language in strikeout)
SECTION 19: That Santa Ana Municipal Code section 34-134 is hereby amended
to read as follows: (new language in bold, deleted language in strikeout)
Sec. 34-134. Extension of expiration date.
Any application for an extension of the expiration date of a tentative map shall be filed
with the director of planning and development services on such forms as may be
provided by him for such purposes. The director may grant or deny such extension, the
director may require compliance with additional conditions or requirements to the same
extent as if a new tentative map had been filed, provided, however, in such event the
extension shall be submitted to the city council and the additional conditions or
Ordinance No. NS-2482
Page 8 of 18
requirements shall be subject to appeal by the subdivider in the same manner as a
tentative map under sections 34-128 through 34-132,3 of this chapter. I
SECTION 20: That Santa Ana Municipal Code section 34-153 is hereby amended
to read as follows: (new language in bold, deleted language in strikeout)
Sec. 34-153. Certificates required.
The following certificates and acknowledgments must appear on the title sheet of
a final map:
(1)
(2)
(3_4)
Owner's certificate and acknowledgment and offer of dedication, if any;
Certification of c "~ ~'~ "'"'~ "~ +~' ....... ~ cf approval by the ' " ..... =~
en.qineer and acceptance of offer of dedication;
Certificate of engineer with his registered and engineer's number or of
surveyor with his licensed land surveyor's number.
SECTION 21: That Santa Ana Municipal Code section 34-158 is hereby
amended to read as follows: (new language in bold, deleted language in strikeout)
Sec. 34-158. New monuments.
In making the survey for the subdivision, the surveyor shall set the new
monuments required herein; and he shall show on the map, the location, size and depth
of all new monuments placed, and if any points were reset by ties, that fact shall be
stated. Requirements for monuments are as follows:
(1) Permanent iron pipe monuments of a type approved by the city engineer
shall be set at each boundary corner of the subdivision, at the beginning
and end of property line curves, at all block corners and at any other
points as may be required by the city engineer.
(2) After all street improvements have been completed, the center lines of all
shall be accurately reestablished according to the bearings and distances
shown on the plans.
The intersections of all street center lines shall be marked with a P.
K. nail. P. K. nails shall also mark the beginning and end of all
curves. Where the point of intersection of the semitangents to a
curve falls in pavement, this point also shall be marked with a P. K.
nail. Should the P. I. fall on sidewalk or curb, the point shall be
marked with a cross chiseled in the concrete. Should the P. I. face
on natural ground in an available spot, it shall be marked by an iron
pipe with the engineer's registration tab attached. The top of the
pipe shall be one foot (1') below the surface of the ground.
Should any center line point herein required to be marked, fall upon
a manhole or other surface obstruction, four (4) straddle points
shall be set, using P. K. nails, twenty-four inches (24") each
Ordinance No. NS-2482
Page 9 of 16
direction from the true point, so that lines drawn across two (2)
opposite points will be at approximately right angles to each other.
(3)
Any monument or bench mark, as required by this chapter, that is
disturbed or destroyed before acceptance of all improvements shall be.
replaced by the subdivider.
(4)
Monuments and bench marks shall be set before submission of the final
map for the city c:,earmil--en.qineer's approval unless exception is
recommended by the ' ' ""'~ ........ '~ "~+ ........ ;'
city engineer ..... ~.~. ..... ~'"
SECTION 22: That Santa Ana Municipal Code section 34-165 is hereby amended
to read as follows: (new language in bold, deleted language in strikeout)
Sec. 34-165. Private street standards for planned residential development.
(1) Private streets will be allowed in new developments where their use is logically
consistent with a desire for neighborhood identification and control of access, and
where special overall design concepts may be involved. The use of private streets will
be subject to review and approval by the planning commission and the city council.
(2) Private streets shall be identified as "private vehicle access ways" rather than
bear a street connotation and should be known as "commons."
(3) Private streets will be permitted only where a satisfactory means of providing for
their maintenance and operation is demonstrated.
(4) The homeowners' association shall be required to contract with the city whereby
the city can maintain the access way, and collect the cost thereof in the event the
association does not maintain them adequately.
(5) The homeowners' association constitution, by-laws or covenants-conditions-
restrictions shall include acknowledgment of the ownership and maintenance
responsibility of these pdvate facilities.
(6) The use of private streets as a device for permitting inadequate design will not be
allowed.
(7) The entire width of the access way should be dedicated to the city as a public
utilities easement.
(8) The use of private streets is limited to cul-de-sacs and to minor local streets not
carrying through traffic. Curvilinear or loop street configurations are encouraged.
(9) The design of all private streets shall be in accordance with city standards and
shall be reviewed by and subject to the approval of the city en.qineer.
def)aC, me~; and the construction shall be inspected by the public works department,
with a standard inspection fee to be paid.
(10) The following design standards shall be used.
(a) General.
(1) Where streets other than minor local streets (alley or driveway type)
are proposed to be private, the design shall conform in all respects to the
requirements established for public streets, except as may be otherwise
permitted under number two below.
Ordinance No. NS-2482
Page 10 of 18
(2) Where special circumstances exist, deviations from the standards
will be subject to approval by the cty en.q. neer ,-.-.-..--'"'h~= ...... ..v...v"- ~,._.'~'-'-'-'*'---'-*.,.,_,,. after aR
review,
(3) Streets shall be designed to provide for adequate lane delineation,
street sweeping and drainage control. Normally a standard crown section with
concrete curb and gutter on both sides will be required; however, other means of
providing similar functional characteristics may be considered.
(4) Depressed approaches shall be used at all driveways where streets
have curb and gutter.
(5) Concrete sidewalks shall be provided reasonably adjacent to the
roadway unless other means of accommodating pedestrian traffic are provided in
the development.
(6) Lighting adequate for pedestrian and vehicle safety and sufficient to
minimize police problems shall be provided. The level of illumination for
pedestrian and vehicular safety shall be as approved by the public works
department. All lighting power costs shall be borne by the homeowners'
association.
(7) All area and street lighting shall have underground service.
(8) Adequate provision for public and private utilities shall be made i__Q
accordance with current approved standard plan for private streets. A separate
document dedicating exclusive public utility easements to the city shall be
provided when required, in order to eliminate any conflict of rights between city
utilities and other public utilities.
(9) Where it is proposed to reduce street widths by the elimination of
curbside parking, equivalent parking shall be provided by other means, subject to
approval by the city.
(10) Provision shall be made for trash pick-up vehicles and emergency
vehicle access as required by the department of public works.
(11) Signs, subject to the approval of the city, shall be provided and
maintained at all entrances to private streets clearly designating the private
status of such streets and the street names.
(b) Minimum widths.
(1) With parking on both sides: Thirty-six (36) feet curb to curb.
(2) With parking on one side only: Thirty-two (32) feet curb to curb.
(3) Without parking: Twenty-eight (28) feet curb to curb.
(c) Grades.
(1) Desirable maximum: Six (6) percent.
(2) Maximum: Six (6) percent for special circumstances with approval
by the public works department.
(3) Minimum: Two-tenths (0.2) percent.
(4) Provide vertical curves for grade breaks over one (1) percent.
(d) Alignment.
(1) Streets shall normally intersect at right angles and shall have at
least twenty ~*".,.,, 2(~_Q69) feet of tangent adjacent to intersections. The tangent
Ordinance No. NS-2482
Page 11 of 16
length shall be increased where short radius curves are used near the
intersections.
(2) Cul-de-sacs shall not ordinarily exceed five hundred (500) feet in
length. Curb radius at the turnaround shall be at least forty twenty--e~ 4(~_Q2-8)
feet. if
(3) Center line radius shall be one hundred and fifty (150) feet
minimum. Where right angles bends are used in the street pattern in lieu of the
minimum radii required above, widening sufficient to accommodate truck turning
movements shall be provided by use of knuckles or other appropriate means.
(4) Curb return radius shall be twenty-five (25) feet minimum.
(5) No more than one turn shall be utilized in dead-ended access
ways.
(e)
Structural section.
(1) The minimum structural section shall ordinarily be six (6) 2=6qRc~hes
of asphalt concrete over ninety five (95) percent compacted sub,qrade. -AG-ever
six (6) ;"~'"~ ^D ........... ,..,~ o,,h,....,~.. The section shall be revised-as
required by accepted standards of engineering design in accordance with the
results of soil tests on the native subgrade material.
(11) The city will assume no responsibility for enforcement of traffic control unless
specifically requested and approved by resolution of the city council.
(12) The policies and standards are to be reviewed and revised as needed based on
continuing experience with the use of private streets.
(13) Private streets shall be monumented by a registered land surveyor or civil
engineer in the same manner as would be required for the development of a public
street.
(14) Street names for private streets shall be submitted for approval by the planning
commission.~.__,.v-"'~'" ...... ..v,,.v~-o _v~._,.,,,~...-~'-'-'~'+-"""* in order to prevent duplication of any existing
street names.
(15) The design of all private streets shall be in accordance with the City standard and
shall be reviewed and approved by the city engineer. The construction shall be
inspected by the Public Works Agency and all standard inspection fees shall be paid by
the subdivider ^" o*-'-'-* .... *'"'"+~ ..... ;" ~'" '~""^ ;" ~+-;~* ..... '~ ....... ;+~' +~'~ ";+'"o
SECTION 23: That Santa Ana Municipal Code section 34-183 is hereby
amended to read as follows: (new language in bold, deleted language in strikeout)
Sec. 34-183. Certification and Approval by C6ity Eengineer.
(a) After the city engineer receives the final map, he shall notify the city
council at its next regular meeting that he is reviewing the map for final approval. Prior
to such meeting, the city clerk shall provide notice of any pending approval or
disapproval by the city engineer, which notice shall be attached and posted with the city
council's reqular aqenda and mailed to interested parties who request said notice.
(b) The city engineer shall check the final map as to correctness of surveying
data, plans, profiles and specifications of improvements, certificates of dedication,
Ordinance No. NS-2482
Page 12 of 18
acceptance
checking to
chapter.
of dedications and acknowledgments and such other matters as require
insure compliance with the provisions of the law and the provisions of this
(c) If the final map is in the correct form prescribed by the map act and this
chapter and the matters shown thereon are sufficient, their correctness shall be certified
on the map and -the map shall be approved by the city engineer in the form prescribed
by the map act and this chapter. The city enqineer shall approve or disapprove the final
map within ten days fo owing the meetinq of the city council. He shall thereupon
transmit said map together with said other materials to the clerk of the council for
pr ............ tc *h~...v -...j"~* ........ vv-...-.." certification pursuant to this chapter. The city engineer.
shall notify the applicant or any interested party by certified mail of the approval or
disapproval of the final map. The date of the certified letter shall constitute the date of
the decision by the city enqineer.
(d) Any interested party, individual or .qroup may appeal the decision of the city
engineer made pursuant to this section to the City Council within ten (10) days after
receivin.q notification of such decision by filinq a written notice of appeal to the city clerk.
Further, such appeal period shall end at 5:00 p.m. on the tenth calendar day foliowin.q
such date of the decision by the city en.qineer. If such tenth calendar day ends on a
Saturday, Sunday or holiday, the ten-day period shall end at 5:00 p.m. on the next re.qular
business day. Approval of the final map by the city engineer shall become effective on the
day followin.q the ten-day appeal period, unless the city council holds a public hearing on
the matter, then the decision of the city council will become effective on the day followin.q
the hearin.q and decision by the city council.
The wdtten notice of appeal shall contain a specific statement of the point or points
of disaqreement and shall set out specifically the points of disagreement or removal of
conditions established by the city en.qineer, and the reasons and iustifications therefor.
Such written request for hearinq must contain a statement of willingness to extend the time
of approval of the map for a pedod of an additional thirty (30) days
Such appeal shall be placed on the agenda of the city council for its next regular
meeting, at which time the city council shall declare that a public hearinq on the matter
will be held at its next subsequent regularly scheduled meetin.q. The interveninq time
may be used by the city council for further investigation of the matters in question.
At the regularly scheduled city council meeting set for public hearinq of the
appeal, the city council shall consider the appeal de novo and shall seek such additional
testimony or advice as they may feel desirable to assist in reachin,q a decision. The city
council shall approve or disapprove the final map within ten (10) days following the
conclusion of the public hearin.q, and make written findin.qs supportin.q its decision as
may required by the Subdivision Map Act.
Ordinance No. NS-2482
Page 13 of 16
(ed) The city council shall periodically review the delegation of authority to the
city engineer to approve or disapprove of final maps.
SECTION 24: That Santa Ana Municipal Code section 34-211 is hereby
amended to read as follows: (new language in bold, deleted language in strikeout)
Sec. 34-211. Procedure.
At the time of approval of the tentative map, the city cc'--'.".cll cnqineer shall
determine the land required to be dedicated, if any, by the subdivider.
At the time of the filing of the final subdivision map, the subdivider shall offer to
c~ty_ c ........ n.q~neer. The city ...... "
dedicate the land as previously determined by the ' " .... "- ' .......
en.qineer may accept, accept subject to improvement, or reject such dedications or
offers of dedication. The city clerk shall certify or state on the map the action of the city
enqineer.
Open space covenants for pr~,at~H~3~Private Park or recreational facilities shall
be submitted to the city prior to approval of the final subdivision map and shall be
recorded contemporaneously with the final subdivision map.
Any interested party, individual or qroup may appeal the decision of the city
engineer made pursuant to this section to the City Council within ten (10) days after
receiving notification of such decision by filing a wdtten notice of appeal to the city clerk.
Further, such appeal pedod shall end at 5:00 p.m. on the tenth calendar day following
such date of the decision by the city engineer. If such tenth calendar day ends on a
Saturday, Sunday or holiday, the ten-day period shall end at 5:00 p.m. on the next regular
business day. The determination of the city engineer shall become effective on the day
followinq the ten-day appeal period, unless the city council holds a public hearing on the
matter, then the decision of the city council will become effective on the day following the
headn.q and decision by the city council.
The written notice of appeal shall contain a specific statement of the point or points
of disaqreement and shall set out specificallY the points of disagreement and the reasons
and justifications therefor. Such written request for headn.q must contain a statement of
willingness to extend the time of approval of the map for a pedod of an additional thirty
Ordinance No. NS-2482
Page 14 of 18
(30) days.
Such appeal shall be placed on the agenda of the city council for its next regular
meetin.q, at which time the city council shall declare that a public hearinq on the matter
will be held at its next subsequent regularly scheduled meeting. The intervening time
may be used by the city council for further investiqation of the matters in question.
At the regularly scheduled city council meeting set for public hearing of the
appeal, the city council shall consider the appeal de novo and shall seek such additional
testimony or advice as they may feel desirable to assist in reaching a decision. The city
council shall accept, accept subject to improvement or reject the offer of dedication
within ten (10) days followinq the conclusion of the public hearing, and make written
findings supporting its decision as may required by the Subdivision Map Act.
SECTION 25: That Santa Aha Municipal Code section 34-212 is hereby
amended to read as follows: (new language in bold, deleted language in strikeout)
Sec. 34-212. Commencement of development.
At the time of the approval of the final subdivision map the city ccu~c!! engineer
shall specify when development of the park or recreational facilities shall be
commenced.
SECTION 26: If any section, subsection, sentence, clause, phrase or 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
unconstitutional.
SECTION 27: 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 construed as affecting
any of the provisions of such ordinance relating to the collection of any such license or
penalty or the penal provision 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 ordinance and all rights and obligations thereunder appertaining shall continue in
full force and effect.
ADOPTED this 3rd day of December, 2001.
Patricia A. McGuigan, May~r, Pr~) Tem
for Miguel A. Pulido, Mayor
Ordinance No. NS-2482
Page 15 of 16
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attomey
By: /
Cr~ti~ L. St'i'aW
Cl~ristbpher G.~lorman
Assistant City Attorneys
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Alvarez, Bist,
Solodo (6)
None (0)
None (0)
Pulido (1)
Christy, Franklin, McGui.qan,
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-2482 to be the original ordinance adopted by the City
Council of the City of Santa Ana on December 3, 2001, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
City of Santa Ana
Ordinance No. N8-2482
Page 16 of 18