HomeMy WebLinkAboutCORRESPONDENCE - 17ACity Council Meeting Correspondence
2/6/2018
Item No. 17A RECEIVE AND FILE CERTIFICATION AND APPROVAL OF FINAL TRACT MAP NO. 17231 BY CITY
ENGINEER
Date of
Correspondence
1 2/6/2018
*RA - Recommended Action
Name
Nick Spain, President
Representative of
The Old Orchard Conservacy
In Favor In opposition
of RA*. of RA*.
Thursday, February 8, 2018 Page 1 of 1
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February 6, 2018
Santa Ana City Council
20 Civic Center Plaza
Santa Ana, CA 92701
RE: Consent Calendar Item 17-A, Santa Ana City Council Meeting, February 6, 2018
Dear Council Members,
The Old Orchard Conservancy objects to the approval of Consent Calendar Item 17-A, the Sexhnger Project
Vesting Tract Map at the February 6, 2018, Council Meeting,
The Sexlinger Project Vesting Tract Map No. 17231 was approved by the Santa Ana City Council on March 4,
2014. The original VTTM expired 24 months after approval, or on March 4, 2016. Apparently, the applicant applied
for an extension of the original VTTM or a replacement VTTM on November 24, 2015. Since there is no evidence
in the administrative record, except a reference in a letter dated April 11, 2016 (from Hassan Haghani, then
Executive Director of Planning & Building, to Alan Toffoli of DeNova Homes), the exact date of the applicant's
extension request is unknown.
Under Government Code Section 66452.6(c), the City was required to respond to this request within 40 days. The
City did not respond to this email until April 11, 2016, more than 40 days after the request, and more than a month
after expiration on its own terms, resulting in denial of the extension request. The VTTM therefore expired before
the extension was granted.
In addition, the original VTTM (March 4, 2014) was replaced by a second VTTM (`replacement VTTM"), on
September 16, 2014. The City of Santa Ana and Real Party argued in the appellate court that the original VTTM
was superseded by the replacement VTTM, including `resetting" the approval and expiration dates. Under this
argument, the original VTTM terminated upon replacement, no later than September 16, 2014,
The City never approved extension of the replacement VTTM. The extension granted by the City on April 11, 2016,
was explicitly limited to the original VTTM approved by the City Council on March 4, 2014. The replacement
VTTM therefore expired no later than September 16, 2016. The City Council does not have authority or jurisdiction
to approve recordation of either the original or replacement VTTM under the Subdivision Map Act or the City Code
In addition, there are additional factual errors in the official Council Agenda. The property in question is improperly
identified as located on both East and West Santa C1araAve. throughout the Agenda and Staff Report; 1584 East
Santa Clara Ave. is correct.
Sincerely,
Nick Spain, President
The Old Orchard Conservancy
(559)-369-3816
The Old Orchard Conservancy
P.O. Box 10262, Santa .Ana, CA 02711.0262
"To preserve, acquire. restore andmanage the Old Orange Orchard locatedin Santa Ana. California,
as an historic, cultural, agricultural and educational resource forall. "