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8/15/78
ORDINANCE NS-1435
AN ORDINANCE OF THE CITY OF SANTA ANA
ADDING SECTION 8-50 TO THE SANTA ANA
MUNICIPAL CODE TO PROVIDE A PROCEDURE
FOR WAIVER OF BUILDING CODE REQUIREMENTS
PERTAINING TO INTERIOR LOT LINES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
SECTION 1: That the Santa Aha Municipal Code,
hereby amended by adding a section, to be numbered 8-50,
which said section reads as follows:
is
Sec. 8-50 Lot line waivers
(a) In the event that land has been divided
without prior approval of the city in the manner set forth
in the Subdivision Map Act and the subdivision regulations
of the city, and such division results in violations of the
building code by reason of the interior lot lines thereby
created, the requirements of the building code which apply
to existing buildings, other than R occupancy buildings, by
reason of such interior lot lines, may be waived, if:
(1) The owners of the lots created by the
division submit a tentative map for the division and obtain
conditional approval thereof; and
(2) The existing buildings are not rendered
substantially less safe by reason of the lot lines thereby
created than would be the case if the land had remained
under single ownership and the building space had been
divided by long-term leases or condominiums into units
similar to those resulting from the division of land; and
(3) The restructuring or remodeling of the
buildings to strictly conform to the building code requirements
arising by reason of the interior lot lines would cause
economic hardship disproportionate to the additional protection
against spread of fire between ownership units which would
result from strict adherance to such building code requirements.
(b) As used herein "existing building" means a
building in existence prior to the time of submission of a
tentative map pursuant to the Subdivision Map Act and the
subdivision regulations of the city.
(c) A waiver under this section shall be approved,
conditionally approved, or denied by the City Council after
review and recommendations by the Director of Building Safety and
Housin~ the Fire Chief, and the Director of Public Works.
Any such waiver may be made subject to conditions designed
to maintain or improve building safety, including:
(1) A requirement for covenants, conditions
and restrictions running with the lots created by the division
of land;
(2) A requirement that fire flow limitations
as specified by the Fire Chief shall not be exceeded;
(3) Additional water service for fire protection
purposes.
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 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 3: 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.
ADOPTED this 5th day of September , 1978, by
the following vote:
AYES: COUNCILMEN: Wards Brandt~ Bricken~ 0rtiz,
Yamamoto, Evans~ Garthe
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
c0 Nc .
APPROVED AS TO FORM:
KEITH L. GOW, City Attorney