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HomeMy WebLinkAboutNS-1686REL:adg 4/25/83 ORDINANCE NO. NS- 1686 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 7-41 OF THE SANTA ANA MUNICIPAL CODE TO REVISE THE STANDARDS FOR GRANTING VARIANCES FROM THE CITY'S FLOODPLAIN MANAGEMENT REGULATIONS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 7-41 of the Santa Ana Municipal Code is amended to read as follows: Sec. 7-41. Grounds for issuance. The director of building safety may grant a variance from the requirements of this part if he makes written findings that the following requirements are satisfied: (1) The applicant has shown good and sufficient cause; (2) Failure to grant the variance would result in exceptional hardship to the applicant; (3) The granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, creation of nuisances, fraud on or victimization of the public, or conflict with other city ordinances; and (4) The variance is the minimum necessary considering the flood hazard, to afford relief. The granting of variances generally is limited to new construction and substantial improvements to be erected on a lot of one half or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level. Deviations from such limitation may occur; provided, however that as the lot size increases beyond one- half acre, the technical justification for granting a variance increases. ORDINANCE NO. NS- 1686 PAGE TWO 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 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 deposit pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 6th day of June , 1983. ATTEST: Mayor COUNCILMEMBERS: Luxembourger Aye Acosta Aye Bricken Aye Johnson Aye Griset Aye Young Aye McGuigan Aye APPROVED AS TO FORM: EDWARD ~.{COC%PER, CITY ATTORNEY