HomeMy WebLinkAboutNS-1818 - Exempting the Development of Property in Accordance with an Agreement Between the Community Redevelopment Agency of the City of Santa Ana and Carley Capital Group from Certain Municipal Code ...REL: adg
7/26/85
ORDINANCE NO. NS- 1818
AN ORDINANCE OF THE CITY OF~ SANTA ANA EXEMPTING
THE DEVELOPMENT OF PROPERTy IN ACCORDANCE WITH
AN AGREEMENT BETWEEN THE COMMU_N~TY REDEVELOPMENT
AGENCY OF THE CITY OF SANTA ANA AND CARLEY CAPITAL
GROUP FROM CERTAIN MUNICIPAL CODE PROVISIONS
WHEREAS, the Community Redevelopment Agency of the
City of Santa Ana, (the "Agency") has entered into a certain
"Disposition and Development Agreement," dated ~~
1985 (the "Agreement") with Carley Capital Group for the re-
development of that certain real property designated on the
map attached hereto as Exhibit A and incorporated herein by
reference (the "Site"); and
WHEREAS, the development of the Site in accordance
with the Agreement is an activity undertaken pursuant to and
in furtherance of the Amended Redevelopment Plan for the City
of Santa Ana Redevelopment Project; and
WHEREAS, pursuant to Section 33220 of the Health and
Safety Code of the State of California, the City Council of the
City o~ Santa Ana is empowered to grant exceptions from its
zoning and building laws for the purpose of aiding and cooper-
ating in the undertaking of redevelopment projects within its
area, and to enter into agreements with the Agency for such
purpose; and
WHEREAS, the City of Santa Ana has entered into a
"Cooperation Agreement" with the Agency by which it has promised
to provide certain assistance to the Agency to achieve the
development of the Site in accordance with the Agreement, includ-
ing the adoption of this ordinance; and
WHEREAS, in order to achieve the development of the
Site in accordance with the Agreement it is necessary to exempt
such development from the application of certain zoning and
building regulations;
NOW, THEREFORE~~ THE CITY COUNCIL OF THE CITY OF'
SANTA ANA DOES ORDAIN AS FOLLOWS:
SECTION 1: Upon condition that the Site is developed
in accordance with the Agreement, as it may from time to time be
amended,, such development and the,subsequent use and occupation
of the Site shall be exempt from the application of the following
provSsions of the Santa Ana Municipal Code:
ORDINANCE NO. NS-1818
PAGE TWO
(a) Any provision of Chapte~ 41 thereof which re-
stricts the height of any building to be constructed on the
Site, or any portion of such a building, or which imposes any
requirement for separation between any such building or portion
thereof and any property line or vertical extension thereof
which is dependent on the height of such building.
(b) Any provision of said Chapter 41 which imposes a
requirement for the provision of off-street parking.
(c) Any provision of said Chapter 41 which prohibits
or restricts, or requires a conditional use permit for, any of
the following uses: hotel, conference center, restaurant,
professional or business offices, and any retail or service use
not previously referenced which is unconditionally permi%ted
in the C3 (Central Business) use district.
(d) Any provision of said Chapter 41 which requires a
land use certificate or conditional use permit for the sale of
alcoholic beverages, provided such sale is conducted within a
hotel, conference center, or restaurant.
(e) Any provision of Chapter 8 Of the said Municipal
Code, including any provision of any uniform code incorporated
therein by reference, which imposes any requirement of separation
between any building or portion thereof and any interior property
line or vertical extension thereof, or which imposes any require-
ment of building construction based on the absence of such sep-
aration, provided that this exemption shall apply only if, prior
to the future creation of any such interior property line or to
the occupancy of any building, whichever last occurs, conditions,
covenants, and restrictions pertaining to the entire site shall
have been recorded in the official records of Orange County which
provide for the unitary control and maintenance of all open space,
atrium areas, and parking facilities in a manner approved by the
Executive Director of Community Development and Housing in the
reasonable exercise of his discretion.
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 unconstitu-
tional.
ORDINANCE NO. NS- 1818
PAGE THREE
SECTION 3: This ordinance shall not be codified in the
Santa Ana Municipal Code.
ATTEST:
ADOPTED this
18th day of November
Daniel E. Griset
Mayor
, 1985.
Janice C. Guy
Clerk of the Council
COUNCILMEMBERS:
Griset Aye
Johnson Aye
Acosta Aye
Hart Aye
Luxembourger Aye
McGuigan A~e
Young A~e
APPROVED AS TO FORM:
ATTACHMENT NO. I
PROPERTY MAP
ROSS
PSO*
BROADWAY
A-E.$1TE
Attachment No. 1
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