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4/25/83
ORDINANCE NO. NS- 1686
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTION 7-41 OF THE SANTA ANA
MUNICIPAL CODE TO REVISE THE STANDARDS
FOR GRANTING VARIANCES FROM THE CITY'S
FLOODPLAIN MANAGEMENT REGULATIONS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
SECTION 1: That Section 7-41 of the Santa Ana Municipal
Code is amended to read as follows:
Sec. 7-41. Grounds for issuance.
The director of building safety may grant a variance
from the requirements of this part if he makes written
findings that the following requirements are satisfied:
(1) The applicant has shown good and sufficient cause;
(2) Failure to grant the variance would result in
exceptional hardship to the applicant;
(3) The granting of the variance will not result in
increased flood heights, additional threats to public
safety, extraordinary public expense, creation of nuisances,
fraud on or victimization of the public, or conflict with
other city ordinances; and
(4) The variance is the minimum necessary considering
the flood hazard, to afford relief.
The granting of variances generally is limited to new
construction and substantial improvements to be erected on a
lot of one half or less in size contiguous to and surrounded
by lots with existing structures constructed below the base
flood level. Deviations from such limitation may occur;
provided, however that as the lot size increases beyond one-
half acre, the technical justification for granting a
variance increases.
ORDINANCE NO. NS- 1686
PAGE TWO
SECTION 2: 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 or 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.
SECTION 3: 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 provision applicable to any
violation thereof, nor to affect the validity of any bond or
cash deposit in lieu thereof, required to be posted, filed
or deposit pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full
force and effect.
ADOPTED this 6th day of June
, 1983.
ATTEST:
Mayor
COUNCILMEMBERS:
Luxembourger Aye
Acosta Aye
Bricken Aye
Johnson Aye
Griset Aye
Young Aye
McGuigan Aye
APPROVED AS TO FORM:
EDWARD ~.{COC%PER, CITY ATTORNEY