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HomeMy WebLinkAboutNS-006ORDINANCE NO. NS-6 PRESCRIBING THE PROCEDURE FOR ESTAB- LISHING SETBACK LINES IN THE CITY OF SANTA ANA THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES 0RDAINAS FOLLOWS: SECTION 1. That the Santa Aha Municipal Code be and the same is hereby amended by adding Sections to be Numbered 9154 through 9158 both inclusive, to Part 2 of Chapter l, Article IX in words and figures as follows: "SECTION 915~. Authority For Setback Lines. "Whenever the public peace, health, safety, comfort, conven- ience, interest or welfare may require, the City Council is authorized and empowered to determine the minimum distance back from the street line for the erection of buildimgs or struc- tures along any portion of any street, public way or place in the City and to order the establishment of a line to be known as a setback line, between which line and the street line no building or structure shall be erected or constructed. "SECTION 9155. Initiating Proceedings. Variances. "Proceedings to establish a setback line may be initiated by the City Council, the Planning Commission, or by a citizen's petition filed with the Planning Commission. In event proceed- ings are initiated by the City Council, a statement of the pro- posed setback line shall be referred to the Planning Commission and no Ordinance establishing setback line shall be adopted thereon nor on a citizen's petition until the recommendation of said Planning Commission has been filed with the City Council or a period of twenty days has elapsed from the time of such reference to or filing with said Commission. A variance may be granted from the requirement of any setback line established by the same procedure provided for the granting of other variances set forth in this Article. "SECTION 9156. Notice Required. "Before adopting an Ordinance establishing any setback li~e, the City Council shall pass a Resolution of Intention so to do, designating the set~ac~ line or lines proposed to h~e established, which Resolution shall be published once in a newspaper pub- lished and circulated in the City and one copy of said Resolu- tion shall be posted conspicuously upon the street in front of each bloc~ or part of block of any street, way or place where such setback line is proposed to be established. Said Resolu- tion shall contain a notice of the day, hour and place when and where any and all persons having any objection to the establish- ment of the proposed setbac~ line or lines may appear and pre- sent such objection. The time of hearing shall not be less than fifteen or more than forty days from the date of the adoption of said Resolution; and the publication and posting shall be made at least ten days before the time of said hearing. "SECTION 9157. No Building Permit During Proceedings. "After the adoption of said Resolution of Intention, and prior to the time the Ordinance establishing a setback line or lines becomes effective, unless proceedings are abandoned by the Council, no building permit shall be issued for the erection of any building or structure between any proposed setback line and the street line and Shy permit so issued shall be void. "SECTION 9158. Protests or Objections. "At any time not later than the hour set for hearing objec- tions to the establishment of the proposed setbscE line or lines, any person having any interest in any land upon which said setback line is proposed to be established, may file with the Clerk of the Council, a written protest or objection. Such protest must be in writing and be delivered to said Clerk not later than the hour set for said hearing, and no other protests or objections need be considered. All protestants may appear at said hearing, either i~ person or by counsel, and be heard in support of their protests or objections. At the time set for hearing or at any time to which said ~learing may be continued, the City Council shall proceed to hear and pass upon, all pro- -2- its 1953. ATTEST~ Ct,ERK OF THE COUNCIL tests or objections so made, and its decision shall be ~inal and conclusive. "Said City Council may sustain any protest or objection and abandon the proceeding or deny any and all protests or objec- tions and by 0rdinanc'e, Order the establishment of the set- back line or lines described in the Resolution of Intention or order the same established with such changes or modifications as the City Council may deem proper." PASSED AND ADOPTED by the Council of the City of Santa Aha at regular meeting held on the 185h day of Na~ (SEAn) STATE OF CALS~0RNIA ) COUNTY OF ORANGE ) CITY OF S3LNTA ANA ) SS I, EPJ,~ KEEI.ER, do hereby certify that i am the Clerk of the Council of the City of Santa Ana; that the foregoing Ordinance was regularly introduced and read to the said Council at its regular meeting held on the 4th day of Na~ , 1953 and was again read to the Council at its regular meeting on the 18th day of Na~ , 1953 and was at said meeting regularly pas--~ and adopted by said Council by the following vote, to-wit: AYES, COUNCILMEN: William Jerome, J.L.NoBride, Thomas F. Lateen, Milford W. Dahl. NOES, ABSEh~, ~0UNC II~,~N: C 0UNC ILMEN: None 0ourtney R. Chandler. CLERK OF TIu~E COUNCIL (SEAL)