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<br />February 6, 2018
<br />Santa Ana City Council
<br />20 Civic Center Plaza
<br />Santa Ana, CA 92701
<br />RE: Consent Calendar Item 17-A, Santa Ana City Council Meeting, February 6, 2018
<br />Dear Council Members,
<br />The Old Orchard Conservancy objects to the approval of Consent Calendar Item 17-A, the Sexhnger Project
<br />Vesting Tract Map at the February 6, 2018, Council Meeting,
<br />The Sexlinger Project Vesting Tract Map No. 17231 was approved by the Santa Ana City Council on March 4,
<br />2014. The original VTTM expired 24 months after approval, or on March 4, 2016. Apparently, the applicant applied
<br />for an extension of the original VTTM or a replacement VTTM on November 24, 2015. Since there is no evidence
<br />in the administrative record, except a reference in a letter dated April 11, 2016 (from Hassan Haghani, then
<br />Executive Director of Planning & Building, to Alan Toffoli of DeNova Homes), the exact date of the applicant's
<br />extension request is unknown.
<br />Under Government Code Section 66452.6(c), the City was required to respond to this request within 40 days. The
<br />City did not respond to this email until April 11, 2016, more than 40 days after the request, and more than a month
<br />after expiration on its own terms, resulting in denial of the extension request. The VTTM therefore expired before
<br />the extension was granted.
<br />In addition, the original VTTM (March 4, 2014) was replaced by a second VTTM (`replacement VTTM"), on
<br />September 16, 2014. The City of Santa Ana and Real Party argued in the appellate court that the original VTTM
<br />was superseded by the replacement VTTM, including `resetting" the approval and expiration dates. Under this
<br />argument, the original VTTM terminated upon replacement, no later than September 16, 2014,
<br />The City never approved extension of the replacement VTTM. The extension granted by the City on April 11, 2016,
<br />was explicitly limited to the original VTTM approved by the City Council on March 4, 2014. The replacement
<br />VTTM therefore expired no later than September 16, 2016. The City Council does not have authority or jurisdiction
<br />to approve recordation of either the original or replacement VTTM under the Subdivision Map Act or the City Code
<br />In addition, there are additional factual errors in the official Council Agenda. The property in question is improperly
<br />identified as located on both East and West Santa C1araAve. throughout the Agenda and Staff Report; 1584 East
<br />Santa Clara Ave. is correct.
<br />Sincerely,
<br />Nick Spain, President
<br />The Old Orchard Conservancy
<br />(559)-369-3816
<br />The Old Orchard Conservancy
<br />P.O. Box 10262, Santa .Ana, CA 02711.0262
<br />"To preserve, acquire. restore andmanage the Old Orange Orchard locatedin Santa Ana. California,
<br />as an historic, cultural, agricultural and educational resource forall. "
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