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HomeMy WebLinkAboutNS-2187 - Amending Sections 33-49 and 34-63 of Santa Ana Municipal Code to Revise the Street Dedication Requirements Which Apply to New Development in the City058. ORDINANCE NO. NS-2187 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 33-49 AND 34-63 OF THE SANTA ANA MUNICIPAL CODE TO REVISE THE STREET DEDICATION REQUIREMENTS WHICH APPLY TO NEW DEVELOPMENT IN THE CITY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 33-49 of the Santa Ana Municipal Code is hereby amended to read as follows: ~ao. 33-49. same--Dedications. (a) Prior to the issuance of a building permit subject to section 33-47, the owner of the lot on which the building or structure is located shall dedicate for public right-of-way purposes all portions of the lot located within any planned street or alley extension or adjacent to any public street or alley, which are not yet dedicated for such purposes and which are necessary to complete such street to its planned ultimate width as designated by standards set forth in the general plan, or by the future right-of-way lines established by sections 41-699 through 41-732 of this Code or by a specific plan of street alignment established by sections 41-733 through 41-748 of this Code, or in the absence of any such planned ultimate width, to a width of sixty (60) feet in the case of a street, or twenty (20) feet in the case of an alley. (b) In unusual circumstances, the executive director of public works may reduce or waive the street right-of-way required to be dedicated if the right-of-way does not have a planned ultimate width and the existing street right-of-way is less than sixty (60) feet in width, and there is no reasonable prospect of the existing street right-of-way being widened in the future in the area of the lot. (c) In addition, at each intersection of two arterial streets there shall be a street dedication of a twenty-five (25) foot by twenty-five (25) foot triangular cutoff at each corner; at all other street intersections there shall be a street dedication of a seventeen (17) foot by seventeen (17) foot triangular cutoff at each corner; and at intersections of alleys with streets there shall be a street dedication of a ten (10) foot by ten (10) foot triangular cutoff at each corner. (d) In such cases as the lot abuts an arterial street, the owner of the lot shall also waive vehicular access rights to the arterial street except at driveways approved by the executive ORDINANCE NS-2187 PAGE 2 director of public works. (e) In the event that the executive director of public works determines that immediate dedication would not be in the interests of the City of Santa Ana, he may, subject to approval of the city council, accept either an irrevocable offer of dedication pursuant to Government Code, Section 7050, or an agreement between the city and the owner to dedicate in the future, in lieu of present dedication. SECTION 2: That section 34-63 of the Santa Ana Municipal Code is hereby amended to read as follows: Bec. 34-63. Intersection angle and block cut-off. Any street intersecting any other street shall intersect at an angle as near a right angle as is practicable. In no instance may the angle be less than forty-five degrees (45°). At each intersection of two arterial streets there shall be a street dedication of a twenty-five (25) foot by twenty-five (25) foot triangular cutoff at each corner. At all other street intersections there shall be a street dedication of a seventeen (17) foot by seventeen (17) foot triangular cutoff at each corner. At intersections of alleys with streets there shall be a street dedication of a ten (10) foot by ten (10) foot triangular cutoff at each corner. Streets intersecting at an angle other than ninety degrees (90°) shall have sufficient radii or cut-offs to provide the same results as to traffic movement, visibility and design as provided by the foregoing requirements of this section. SECTION : 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, 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 : 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 ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. 0 0 0 Page 2 ADOPTED this 15th day of ATTEST: COUNCILMEMBERS: Young Aye Pulido Ave Lutz Ave Mills Aye Moreno Nav Norton Aye Richardson Ave March 1993. Dah~i~A/H.' Young ~ / Mayor APPROVED AS TO FORM: CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance /[}.,5- oT/a°? to be the~original ordinance adopted by the City Colncil of the City of Santa Ana on _ .3 ~/~"-~ c/~ .; and that said ordinance was publi~ed in accordance with the Charter of the City of Santa Ana. ~ Date: Z.//,~. /~ ¥ 3 ~e.-~--. '-'/". ~ , .