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HomeMy WebLinkAboutNS-2507 - To Provide an Expiration Date for Rights Vested Persuant to a Vesting Tentative Map...ORDINANCE NO. NS-2507 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING SECTION 34-195 TO CHAPTER 34 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE AN EXPIRATION DATE FOR RIGHTS VESTED PURSUANT TO A VESTING TENTATIVE MAP FOLLOWING FILING OF A FINAL MAP THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. California Government Code Section 66498.5(b) provides that each city and county shall adopt an ordinance to proscribe the period in which the rights secured by a vesting tentative map shall survive after filing of a final map. The City of Santa Aha desires to be consistent with the Subdivision Map Act, as such the following ordinance proscribes the initial time period for Final Maps filed prior to the expiration of a vesting tentative map. In addition, the City of Santa Ana desires to provide efficiency for the approval of Final Maps and any requested extensions. The City Council further finds that this ordinance constitutes a matter of Citywide importance and is not directed towards nor targeted at any particular pamel of property or proposed occupant. Section 3. Section 34-195 is added to Chapter 34 of the Santa Ana Municipal Code to read in full as follows: Sec. 34-195. Expiration of Vested Rights Associated With Vesting Tentative Map Following Filing of Final Map. (a) The approval or conditional approval of a vesting tentative map shall confer upon the subdivider those rights specified in Chapter 4.5, of the California Subdivision Map Act (Development Rights), commencing with Government Code section 66498.1, as it may be amended from time to time. (b) The rights referred to herein shall expire if a final map is not approved and recorded prior to the expiration of the vesting tentative map. If the final map is recorded, these rights shall last for twelve (12) months. Where several maps are recorded on various phases of a project covered by a single vesting tentative map, this Ordinance No. NS-2507 Page 1 of 4 (c) (e) (f) (g) twelve (12) month period shall begin for each phase when the final map for that phase is recorded. The initial time period set forth in subsection (b) shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty (30) days from the date a complete application is filed. A subdivider may apply to the planning department, on such forms as may be provide for such purpose, for a one (1) year extension at any time before the initial time period set forth in subsection (b) expires. Upon such application, at a duly noticed public hearing the zoning administrator shall approve or deny the extension. In determining whether to grant an extension the zoning administrator may take into account, but is not limited to, any of the following factors: 1. Whether the project is consistent with the General Plan; 2. Whether the project is consistent with any applicable Specific Plan; 3. Whether the project is consistent with the applicable zoning, 4. Whether the project is consistent with all applicable ordinances, policies and standards of the City; and Whether the project is consistent with any proposed ordinances, policies, and standards for which the City has met the requirements of Government Code section 66474.2. The zoning administrator shall notify the subdivider in writing of the decision. If the subdivider is dissatisfied with the decision made by the zoning administrator, the subdivider may, within 15 days after such notification by the zoning administrator, file a written notice of appeal to be heard by the City Council of the city. Such written notice of appeal shall contain a specific statement of the point or points of disagreement between the subdivider and zoning administrator. 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 hearing on the matter will be held at its next subsequent regularly scheduled meeting. At a regularly Ordinance No. NS-2507 Page 2 of 4 scheduled city council meeting 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 or disapprove the extension within ten working (10) days following the conclusion of the public hearing. (i) If the subdivider submits a complete application for a building permit during the period of time specified in subsection (b) or any city approved extension thereof, the rights specified in subsection (a) shall continue until the expiration of that permit, or any extension of that permit granted by the City. Section 4. Any subdivider who recorded a final map, prior to the expiration of the vesting tentative map, whose final map was recorded more than one (1) year ago, but less than two (2) years from the date of effectiveness of this ordinance shall have thirty (30) days from the date of effectiveness of this ordinance in which to apply for an extension of their final map, during which period the rights vested in the subdivider shall be maintained. Any extension granted of the rights vested by the subdivider shall be until the second (2nd) year anniversary of the recordation of the final map, or 30 days from approval, whichever is longer. Section 5. 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. ADOPTED this 19th day of August, 2002. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Kylee/(~lette - - DepLL~ City Attorney Ordinance No. NS-2507 Page 3 of 4 AYES: NOES: ABSTAIN: Councilmembers: Councilmembers: Councilmembers: NOT PRESENT: Councilmembers: Alvarez, Bist, Christy, McGuigan, Pulido, Solorio None (0) None (0) Franklin (1) 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-2507 to be the original ordinance adopted by the City Council of the City of Santa Ana on August 19. 2002, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ~'-//~__ ~'~ ~x_./ ~7~-~7~~ · -/ ~' ~ cC li~; ko~) fst;r~aC,~,nU an cji Ordinance No. NS-2507 Page 4 of 4