Santa Ana Municipal Code § 34-191 Drainage areas—Established

Footnotes:

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Editor's note— Ord. No. NS-1073 adopted March 15, 1971, amended Ch. 34 of this Code by repealing former Art. VII, §§ 34-176—34-195, and enacting in lieu thereof a new Art. VII, §§ 34-176—34-195, as herein set out pertaining to the same subject matter. Former Art. VII, §§ 34-176—34-195, was derived from Code 1952, §§ 9370—9375.1, 9377—9378.4; Ord. No. NS-36, § 2, adopted May 3, 1954; Ord. No. NS-570, § 1, adopted March 5, 1962; Ord. No. NS-841, § 2, adopted April 18, 1966 and Ord. No. NS-1067, § 1, adopted March 1, 1971.

A final map for a subdivision shall be filed with the city engineer prior to the expiration of the tentative map approved for such subdivision.

(Ord. No. NS-1073, § 1, 3-15-71; Ord. No. NS-1390, § 9, 11-21-77; Ord. No. NS-1698, § 3, 10-10-83)

The subdivider shall file the original and a duplicate tracing thereof made on tracing cloth of good quality and two (2) white copies of the final map, and the original and a duplicate tracing thereof and two (2) white copies of the title sheet. The city engineer shall indicate the date of filing on all copies of the final map and accompanying data.

(Ord. No. NS-1073, § 1, 3-15-71)

In the event any dedication is to be made for public use the subdivider shall file a certificate of title, subdivision guarantee, or a dedication letter, in the name of the owner of the land, issued to or for the benefit and protection of the city by a title company authorized by the laws of the state to write the same, showing all parties whose consent is necessary to pass clear title to the land being subdivided, together with the nature of their interest therein, except where the land contained in such subdivision is registered under the Land Registration Act (Torrens Act) in which latter case a certified copy of the certificate of title shall be furnished.

(Ord. No. NS-1073, § 1, 3-15-71)

A drawing and report shall be submitted showing all fills of twelve inches (12″) or more.

(Ord. No. NS-1073, § 1, 3-15-71)

The subdivider shall file, either at the time of filing the final map or at a later date as hereinafter provided, detailed plans, profiles and specifications of the improvements to be installed as required by the provisions of this chapter and of all other improvements proposed to be installed by the subdivider in, on, over, or under any street or right-of-way, easement or parcel of land dedicated by the map including the estimated cost thereof.

(Ord. No. NS-1073, § 1, 3-15-71)

Editor's note— Ord. No. NS-1390, § 11, enacted Nov. 21, 1977, repealed § 34-181 relative to the fee for checking the final map. Said section was derived from Ord. No. NS-1073, § 1, adopted March 15, 1971, and Ord. No. NS-1291, § 1, adopted Feb. 2, 1976.

On receipt of the final map, the city engineer shall immediately submit one copy of the final map to the planning director. The planning director shall examine said map and if it complies with the approved tentative map and any requirements imposed as a condition to the acceptance of said map, he shall so notify the city engineer by a written statement.

(Ord. No. NS-1073, § 1, 3-15-71)

(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 regular agenda 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, acceptance of dedications and acknowledgments and such other matters as require checking to insure compliance with the provisions of the law and the provisions of this chapter.

(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 engineer shall approve or disapprove the final map within ten days following the meeting of the city council. He shall thereupon transmit said map together with said other materials to the clerk of the council for 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 engineer.

(d) Any interested party, individual or group 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 written notice of appeal to the city clerk. Further, such appeal period 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. Approval of the final map by the city engineer shall become effective on the day following 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 hearing and decision by the city council.

The written notice of appeal shall contain a specific statement of the point or points of disagreement and shall set out specifically the points of disagreement or removal of conditions established by the city engineer, and the reasons and justifications therefor. Such written request for hearing must contain a statement of willingness to extend the time of approval of the map for a period 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 hearing 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 investigation 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 approve or disapprove the final map within ten (10) days following the conclusion of the public hearing, and make written findings supporting its decision as may required by the Subdivision Map Act.

(e) The city council shall periodically review the delegation of authority to the city engineer to approve or disapprove of final maps.

(Ord. No. NS-1073, § 1, 3-15-71; Ord. No. NS-2482, § 23, 12-3-01)

The plans and profiles of all improvements required by the provisions of this article, as well as of other improvements proposed to be installed by the subdivider in, over or under any street, alley, way, easement or parcel of land where improvements are required or proposed shall be filed with the city engineer. If all details, plans and profiles of improvements are not filed with the city engineer at the time of filing of the final map, the agreement for completion of improvements shall include a guarantee that the remaining plans and profiles will be prepared in accordance with the requirement of the city engineer. In all cases where topography controls the design, all details, plans and profiles of improvements required by the city engineer must be submitted at the time of filing of final map.

(Ord. No. NS-1073, § 1, 3-15-71; Ord. No. NS-1390, § 10, 11-21-77)

Editor's note— Ord. No. NS-1390, § 11, enacted Nov. 21, 1977, repealed §§ 34-185—34-190, relative to completion of improvements, bond to assure completion of surveys and improvements, certificate on taxes or assessments, bond of subdividers against assessments, action by the city council on the final subdivision map, and continuing offer of dedication of streets. Said sections were derived from Ord. No. NS-1073, § 1, adopted March 15, 1971.

The city is divided into six (6) local drainage areas established by ordinance of the city council. Development of property within said local drainage areas will require construction of additional drainage facilities, as identified periodically by resolution of the city council, because such development will increase runoff by coverage of absorption areas and will increase demand for protection from storm waters. The fee for drainage facilities established pursuant to this chapter for development of any property within any local drainage area will not exceed the pro rata share of the amount of the total estimated cost of all drainage facilities within the local drainage area which would be assessable on such property if such costs were apportioned uniformly on all property in such local drainage area on a per acreage basis.

(Ord. No. NS-1073, § 1, 3-15-71; Ord. No. NS-2254, § 1, 6-19-95)

Fees paid under the requirements of section 34-193 shall be placed in a special fund to be known as "Planned Local Drainage Facilities Fund" and shall carry an area designation. A separate fund is established and shall be maintained for each local drainage area and shall be established as an accounting fund upon the receipt of the first fees paid for each of said local drainage areas. Moneys in each such fund shall be expended solely for the construction, or reimbursement for construction, of local drainage facilities within the planned local drainage area from which the fees comprising the fund were collected. By special agreement with the city council, the city may accept rights-of-way or other consideration necessary to the completion of the drainage facilities within the local drainage areas in lieu of cash payment of the amount of the fee provided.

(Ord. No. NS-1073, § 1, 3-15-71)

The six (6) local drainage areas shall be known, respectively, as "Local Drainage Area No. I" through "Local Drainage Area No. VI," inclusive.

No final subdivision map or parcel map shall be approved nor any building permit for new development issued in any of the local drainage areas until the fee hereinbelow provided for has been paid in cash or by other and equal consideration as provided for in section 34-192.

Subject to section 34-194, the fee to be paid for any land being subdivided or developed in any of the local drainage areas shall be specified by resolution of the city council, and may be changed from time to time as the cost of construction of said local drainage facilities changes. Said fees shall be stated in any such resolution for each gross acre of land being subdivided or developed, and said figure shall be proportionately reduced, for any fraction of an acre being subdivided or developed on an exact percentage basis.

(Ord. No. NS-1073, § 1, 3-15-71; Ord. No. NS-1116, § 1, 4-17-72; Ord. No. NS-1168, § 1, 6-25-73; Ord. No. NS-1220, § 1, 7-15-74; Ord. No. NS-1249, § 1, 3-17-75; Ord. No. NS-1303, §§ 1, 2, 4-27-76; Ord. No. NS-2254, § 2, 6-19-95)

With regard to any unit of real property for which payment of a drainage area fee is due, the amount specified in the resolution adopted pursuant to section 34-193 shall be reduced by the amount of any drainage area fee previously paid with regard to such property or any part thereof.

(Ord. No. NS-1073, § 1, 3-15-71; Ord. No. NS-2254, § 3, 6-19-95)

(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 twelve (12) month period shall begin for each phase when the final map for that phase is recorded.

(c) 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.

(d) 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.

(e) 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

(5) 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.

(f) The zoning administrator shall notify the subdivider in writing of the decision.

(g) If the subdivider is dissatisfied with the decision made by the zoning administrator, the subdivider may, within fifteen (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 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.

(h) 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.

(i) 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 section shall have thirty (30) days from the date of effectiveness of this section 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 thirty (30) days from approval, whichever is longer.

(Ord. No. NS-2507, §§ 3, 4, 8-19-02)