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HomeMy WebLinkAboutNS-1871 Not adopted REL :adg-7 ORDINANCE NO. NS- 1871~/~ AN ORDINANCE OF THE CITY OF SANTA; IMPOSING a TEMPORARY BUILDING SE~A~K LINE ON THE WEST SIDE OF BRISTO~v~REET BETWEEN SANTIAGO CREEK AND WARN~?/AVENUE THE CITY COUNCIL OF THE CITY OF FOLLOWS: DOES ORDAIN AS SECTION 1: Except as hereinafter during the period commencing with the date of adoption this ordinance and ending on the date two (2) years thereafter building or portion thereof shall be constructed or d between the west line of the Bristol Street public right-oJ y and a line 115 feet to the west thereof, exclusive of .reas to the north of Santiago Creek or to the south of Warner hue, and no permits shall be issued for such construction. SECTION 2: Variances may forth in Section 1 of this pertaining to variances in Code. Conditions imposed may include conditions poses of this ordinance ~ranted from the restrictions set inance pursuant to the provisions ~pter 41 of the Santa Aha Municipal the granting of any such variance y designed to promote the pur- SECTION 3: At as the City Council of the City of Santa Aha may adopt plan of future street alignment for Bristol Street establish the future western line of the Bristol Street ol portion thereof, the restrictions set forth in Section 1 of ordinance shall not apply to any development which will to all municipal zoning requirements upon the improvement o~ id portion of Bristol Street in accordance with such s~ SECTION 4: the Santa therewith ordinance shall supersede Section 41-701 of ~a Municipal Code to the extent of any inconsistency SECTIO 5: In adopting this ordinance the City Council of the City ~f Santa Aha finds and determines as follows: ORDINANCE NO. NS- 1871 PAGE TWO (a) The widening of Bristol Street between o Creek and Warner Avenue to adequately serve traffic as a major north-south highway is an extremely important ob ive of the City of Santa Ana. (b) Environmental studies are being und to determine the alignment of widened Bristol street wh~ ~rovides the least adverse impact on the environment compatibl feasible con- struction costs. Only after the completiol the environmental process can the ultimate planned width alignment of Bristol Street be determined. Two years is a re estimate of the time that will be needed to complete a plan for the ultimate alignment of Bristol Street. (c) Street is restricted pending the for the ultimate width and ali~ opent is likely to occur which w: ing setbacks, landscaped areas in conformity with zoning code of the widening of Bristol Stl Unless development along said portion of Bristol cc ~letion of a specific plan of Bristol Stret, devel- not provide adequate build- off-street parking facilities [irements upon the completion (d) Concurrently with study of the future width and alignment of Bristol Stree~ the City of Santa Ana will study possible revision of land and development standards for properties along Bristol treet in an effort to promote uses and developments of a h her and better quality as more appro- priate to the widened improved Bristol Street corridor than the "strip commercial uses presently characterizing Bristol Street. Unless deve on Bristol Street is restricted pending the complet of such study, development will continue to occur which is to be incompatible with such revised use and standards as ultimately approved. (e) It is purpose of this ordinance to preserve the feasibility oJ alternative possible ultimate alignments of Bristol S~ to allow the City to select the alternative which best ~lances environmental and cost concerns. Because developmen pressures do not exist on the east side of Bristol Street same extent as they exist on the west side of Bristol , it is not necessary to impose the same temporary setback line on the east side of Bristol Street as is impos~ by this ordinance on the west side of Bristol Street in order preserve the feasibility of alternative alignments of Bri Street. Nothing herein shall be construed as evidencing ~n by the City of Santa Ana to widen Bristol Street on west side only along all or any part of its course between Creek and Warner Avenue. ,S ORDINANCE NO. NS-1871 PAGE THREE (f) In accordance with the foregoing, nothing in this ordinance shall be construed as evidencing any intenti0n by the City of Santa Ana to acquire any property which is subject to the building setback imposed by this ordinance, or/any portion thereof,whether by eminent domain or otherwise. / (g) Furthermore, it is not the purpose o~this ordinance to suppress the value of property which is af~cted by this ordinance, and in such regard a two-year tim~ limit is placed upon the restrictions i~posed by this ordinance ~nd such re- strictions are made sub3ect to the varianc~ provisions of the / zoning code. / / SECTION 6: If any section, subsection, sentence, clause, ~o~'portion of this ordinance/~s for any reason held to be invalid or unconstitutional by t~e ~ecision of any court of competent jurisdiction, such deci~on shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of San~a Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or~rtion thereof, irrespective of the fact that any one or ~o~e sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconsti- tutional. ADOPTED this ~ day of , 1986. / / ATTEST: / Daniel E. Griset // Mayor Janice C. ~uy Clerk of ~he Council COU MBE RS: Gr i/get A96s t a ~o~tns~n Luxem. bour~er McGuigan Young ~ r ~At~y per