NS-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 ...

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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.