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HomeMy WebLinkAboutNS-2010 - Amending Section 41-399 of the Santa Ana Municipal Code to Authorize the Zoning Administrator153 REL:mb(7) 5/25/89 ORDINANCE NO. NS-~10 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 41-399 OF THE SANTA ANA MUNICIPAL CODE TO AUTHORIZE THE ZONING ADMINISTRATOR TO APPROVE OFF- STREET PARKING WAIVERS IN THE C3 DISTRICT. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 41-399 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 41-399. Off-street parking. Off-street parking shall be provided in the manner prescribed by Article IV of this chapter except that re- quired parking may: (a) Be within three hundred (300) feet of the use it serves. (b) Be waived by the zoning administrator if a statement is filed, signed by the property owner and notarized stating that: (1) The structure is designed, intended and used for nonresidential purposes. (2) The owner is economically and practically unable to provide parking facilities. (3) Such parking requirements would result in severe, unreasonable hardship which would preclude the possibility of any develop- ment or modification whatever. 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, sent- ence, 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 unconsti- tutional. 154 ORDINANCE NO. NS-2010 PAGE TWO 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 appertain- ing shall continue in full force and effect. ADOPTED this 3rd day of Ju].y , 1989. ATTEST: ~(nhce C. Guy- Elerk of the Couhci4 COU NCI LMEMBE RS: Young Aye Acosta Aye Griset Aye May Aye McGuigan Ave Norton Aye Pulido Aye APPROVED AS TO FORM: Edward ~.~_qbper City Attorney