HomeMy WebLinkAboutNS-1998 - Santa Ana Municipal Code Pertaining to the Construction of Parking Structures in Integrated DevelopmentsREL:mb(14)
6/9/88
ORDINANCE NO. NS-1998
AN ORDINANCE OF THE CITY OF SANTA ANA ADDING
SECTION 8-51 TO THE SANTA ANA MUNICIPAL CODE
PERTAINING TO THE CONSTRUCTION OF PARKING
STRUCTURES IN INTEGRATED DEVELOPMENTS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: That the Santa Ana Municipal Code is hereby amended
by adding a section, to be numbered 8-51, which said section reads
as follows:
Sec. 8-51. Parking Structures in Integrated Developments.
(a) Those provisions of the building code which, in
the absence of this section, would impose requirements or
restrictions on the construction of a motor vehicle parking
structure by reason of any interior lot line transversing
the ground surface area of said structure shall not apply
to any such structure located in an integrated development.
(b) As used herein "integrated development" means a
development site comprised of two or more lots where a park-
ing structure or structures are provided for all uses
located on the site in common and the lots are subject to
reciprocal easements for the passage and parking of motor
vehicles.
(c) This section shall not apply unless the reciprocal
easements referenced in subsection (b) meet the following
requirements:
(i) They must run with the land and be binding
on all the owners thereof and their successors, heirs
and assigns.
082
ORDINANCE NO. NS-19g8
PAGE TWO
(ii) They must be recorded in the County Recorder's
office.
(iii) They must, by their terms, provide that they
cannot be rescinded or substantially amended without
the consent of the City of Santa Ana evidenced in
writing in or attached to the document setting forth
the rescission or amendment.
The Building Official is authorized to consent
to such rescission or amendment on behalf of the City
when the rescission or amendment would not result in
any nonconformity with Building Code standards.
(d) It is the intent of this section to allow a
parking structure to be constructed on an integrated
development site subject only to the same Building Code
provisions as would apply if the site were held as one
parcel under single ownership.
SECTION 4: 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 of
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, sent-
ence, 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.
SECTION 5: 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 deposited pursuant to any
083
ORDINANCE NO. NS- 1998
PAGE THREE
ordinance and all rights and obligations
shall continue in full force and effect.
ADOPTED this 2]$t day of
thereunder appertaining
February , 1989.
ATTEST:
Da~riie 1
Mayor
/~ice C. Guy / f-- ~
q21~rk of the Coun~ril'
COUNCI LMEMBE RS:
Young Aye
McGu i ga n -Aye
Acosta AyP.
Griset Ay~
May Aye
Pu 1 ido Aya
APPROVED AS TO FORM:
~w~diJ.~Ca~per
City Attorney
~
COMME
FIRST
MOTEL
OFFICE
MOTEL
STREET
MORTUARY
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EXHIBIT
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