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Home My WebLink AboutNS-1253ORDINANCE NO. NS- 1253 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING SECTION 34-10 TO THE SANTA ANA MUNICIPAL CODE AND AMENDING SECTIONS 34-11, 34-105, 34-107, AND 34-200 OF THE SANTA ANA MUNICIPAL CODE, PERTAINING TO REFERENCES TO THE SUBDIVISION MAP ACT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION l: Section 34-10 is added to the Santa Ana Munici- pal Code to read as follows: Sec. 34-10.. References to Subdivision Map Act. All references in this chapter to the Subdivision Map Act are references to Division 2 (commencing with Section 66410) of Title 7 of the Government Code of the State of California, as operative on March 1, 1975 and as it may thereafter be amended. SECTION 2: Section 34-11 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 34-11o 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 set forth in full herein unless the context clearly indicates a different intent; provided, however, that if any such word or phrase is defined differently in Division 2 (commencing with Section 66410) of Title 7 of the Government Code than it was defined in Chapter 2 (commencing with Section ll500) of Part 2 of Division 4 of the Business and Professions Code of the State of California as effective prior to March 1, 1975, then such word or phrase as used in this chapter shall have the same meaning as defined by the said provisions of the Business and Professions Code. SECTION 3: Section 34-105 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 34-105. Parcel map. After approval of the preliminary parcel map by the city council, a map conforming to the preliminary parcel map as approved shall be prepared by a licensed surveyor or registered civil engineer and filed within one year as a parcel map pursuant to the provisions of the Subdivision Map Act. Upon application of the owner of the land contained within the preliminary parcel map, an extension of time, not to exceed one year, may be granted by the planning director. In granting such extension of time, the planning director may require com- pliance with additional requirements deemed necessary to carry out the spirit and intent of this article. ORDINANCE NO. NS-125S PAGE TWO SECTION 4: Section 34-107 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 34-107. Penalties. Any conveyance of property, or interest therein, made con- trary to the provision of this article shall be subject to the provisions of Section 66499.32 of the Subdivision Map Act; and the chief building inspector of the city shall not issue any permit for construction or repair of any such structures on such property. SECTION 5: Section 34-200 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 34-200. Purpose. This article is enacted pursuant to the authority granted by Section 66477 of the Subdivision Map Act. The park and re- creational facilities for which dedication of land and/or the payment of a fee is required by this article are in accordance with the open space element of the general plan of the City of Santa Ana as adopted by the City of Santa Aha on November 18, 1973 and as amended hereafter from time to time. SECTION 6: This ordinance is urgently required for the immediate preservation of public peace, health, and safety for the following reasons: Division 2 of Title 7 of the Government Code, as adopted by 1974 Statutes, Chapter 1536, becomes opera- tive on March l, 1975. Such statute is a comprehensive revision of the Subdivision Map Act and contains numerous procedural changes along with some substantive changes. The state act is necessary to regulate and control the design and improvement of subdivisions throughout the State of California. Development in California is an ever continuing process and it is necessary for cities to keep current and implement necessary provisions of the state law. In order that this ordinance, conforming the city's local regulations of subdivisions with the state law, can take effect and become operative approximately at the same time as the state law, it is necessary that its operative date coincide with that of the state law. Therefore, the City Council declares that this ordinance shall take effect as, and is adopted as, an emer- gency measure and is to be enforced from the date of its publica- tion; provided, however, that if it is published prior to March l, 1975, it shall be operative from March l, 1975. SECTION 7: 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 vali- dity 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, sen- tence, 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, ORDINANCE NO. NS-1255 PAGE THREE SECTION 8: 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 provisions applicable to any violation thereof, nor to affect the validity of any bond or case 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. SECTION 9: The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Santa Ana within fifteen (15) days after its adoption. PASSED AND ADOPTED by the City Council of the City Santa Ana as an emergency measure at its regular meeting held on the 18th day of Bebruar¥ , 1975. of PASSED AND ADOPTED by the City Council of the City Santa Ana at its adjourned regular meeting held on the 10th day of March , 1975. of ATTEST: CLERK OF THE COUNCIL STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS,: I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the fore- going Ordinance was introduced to said Council at its regular meeting held on the 18th day of February , 1975, and was at said meeting passed and adopted as an emergency measure by the following vote, to wit: AYES: NOES: ABSENT: I duced to COUNCILMEN: Griset, Garthe, Evans, Ward COUNCILMEN: None COUNCILMEN: Bricken further certify said Council at Markel, Yamamoto, that the foregoing Ordinance was intro- its regular meeting held ORDINANCE NO. NS-1255 PAGE FOUR on the 18th day of February , 1975, and was again considered by said Council at its adjourned regular meeting held lOth day of March , 1975, and was at said meeting passed and adopted by the following vote, to wit: AYES: COUNCILMEN: Yamamoto, Ward, Markel, Evans, Garthe, Griset NOES: COUNCILMEN: None Bricken, ABSENT: COUNCILMEN: None on the CLERK OF THE COUNCIL AP~VED AS T.~?FORM: . WITHERS, CITY ATTORNEY