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REL:ms <br />8/15/78 <br /> <br />ORDINANCE NS-1435 <br /> <br />AN ORDINANCE OF THE CITY OF SANTA ANA <br />ADDING SECTION 8-50 TO THE SANTA ANA <br />MUNICIPAL CODE TO PROVIDE A PROCEDURE <br />FOR WAIVER OF BUILDING CODE REQUIREMENTS <br />PERTAINING TO INTERIOR LOT LINES <br /> <br /> THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES <br />ORDAIN AS FOLLOWS: <br /> <br /> SECTION 1: That the Santa Aha Municipal Code, <br />hereby amended by adding a section, to be numbered 8-50, <br />which said section reads as follows: <br /> <br />is <br /> <br />Sec. 8-50 Lot line waivers <br /> <br /> (a) In the event that land has been divided <br />without prior approval of the city in the manner set forth <br />in the Subdivision Map Act and the subdivision regulations <br />of the city, and such division results in violations of the <br />building code by reason of the interior lot lines thereby <br />created, the requirements of the building code which apply <br />to existing buildings, other than R occupancy buildings, by <br />reason of such interior lot lines, may be waived, if: <br /> <br /> (1) The owners of the lots created by the <br />division submit a tentative map for the division and obtain <br />conditional approval thereof; and <br /> <br /> (2) The existing buildings are not rendered <br />substantially less safe by reason of the lot lines thereby <br />created than would be the case if the land had remained <br />under single ownership and the building space had been <br />divided by long-term leases or condominiums into units <br />similar to those resulting from the division of land; and <br /> <br /> (3) The restructuring or remodeling of the <br />buildings to strictly conform to the building code requirements <br />arising by reason of the interior lot lines would cause <br />economic hardship disproportionate to the additional protection <br />against spread of fire between ownership units which would <br />result from strict adherance to such building code requirements. <br /> <br /> (b) As used herein "existing building" means a <br />building in existence prior to the time of submission of a <br />tentative map pursuant to the Subdivision Map Act and the <br />subdivision regulations of the city. <br /> <br /> (c) A waiver under this section shall be approved, <br />conditionally approved, or denied by the City Council after <br />review and recommendations by the Director of Building Safety and <br />Housin~ the Fire Chief, and the Director of Public Works. <br />Any such waiver may be made subject to conditions designed <br />to maintain or improve building safety, including: <br /> <br /> (1) A requirement for covenants, conditions <br />and restrictions running with the lots created by the division <br />of land; <br /> <br /> (2) A requirement that fire flow limitations <br />as specified by the Fire Chief shall not be exceeded; <br /> <br /> (3) Additional water service for fire protection <br />purposes. <br /> <br /> <br />