HomeMy WebLinkAboutNS-2098 Not adoptedORDINANCE NO. NS~2098
061
REL:mb(34)
9/23/90, Rev. 9/25/90
AN ORDINANCE OF THE CITY OF SANTA ANA
ADDING SECTION 41-688 TO THE SANTA ANA
MUNICIPAL CODE TO REQUIRE THAT INDOOR
SWAP MEETS WHICH DO NOT MEET OFF-STRE]
PARKING REQUIREMENTS BE BROUGHT INTO
COMPLIANCE WITH SUCH REQUIREMENTS.
THE CITY COUNCIL OF THE CITY OF SANTA
AS FOLLOWS:
SECTION 1: That the Santa Ana Municipal
amended by adding a section, to be numbere¢
said section reads as follows:
DOES ORDAIN
is hereby
, which
Sec. 41-688. Nonconforming indoor meets.
(a)
which was initiated in a
provisions of this code
parking spaces required
became nonconforming to
ment so as to require
for indoor swap meet~
(b) Any
shall be brought
this code regul
spaces requ
after the dat~
of such an
provisions aft~
be unlawful.
This section applies any indoor swap meet
with the then-applicable
the number of off-street
use, but which thereafter
,revisions due to their amend-
er number of parking spaces
p meet ~o which this section applies
ompliance with the provisions of
he number of off-street parking
ndoor swap meets within eighteen months
option of this section. Any continuance
.wap meet in noncompliance with such
;he expiration of such time period shall
(c)
and detE
(b) is
\
than
street
.ting this section the city council finds
that the time period specified in subsection
reasonable for the following reasons:
1) Indoor swap meets have demonstrated a higher
parking to accommodate vendors and customers
retail uses. The City increased its off-
.arking standards for indoor swap meets to accommo-
date additional demand. Those indoor swap meets
whic~ we~ initiated prior to the change in those standards
have/demonstrated continuing spill-over parking problems
wit~ attendant detrimental ~ffects on neighboring properties
an~ unsafe pedestrian travel to and from the sites, such
nditions should not be allowed to continue indefinitely.
/ (2) The buildings which are used for the indoor
swap meets which are subject to this section may be converted
to ordinary retail uses in order to achieve compliance with
applicable off-street parking standards.
062
ORDINANCE NO. NS- 2098
PAGE TWO
(3) Indoor swap meet operators may provide
additional parking spaces or reduce the building floor
space used for their indoor swap meet operations in order
to achieve compliance with applicable off-street pl
standards.
(4) This section provides indoor sw~
operators with adequate time to relocate all part of
their operations to facilities meeting the licable off-
street parking standards.
(5) The indoor swap meets whi are subject to
this section were initiated in 1987. time period
between 1987 and the date by which su( indoor swap meets
must comply with applicable off-stre~ parking standard
under this section is a reasonable in which the
operators of those swap meets may their investment
to the extent it is adversely af by this section in
the circumstances described abc
SECTION 2: If any section, si sentence, clause,
phrase or portion of this ordin~ is for any reason held to
be invalid or unconstitutional the decision of any court of
competent jurisdiction, such ;ion shall not affect the
validity of the remaining )ns of this ordinance. The City
Council of the City of San Ana hereby declares that it would
have adopted this ordina! ~ and each section, subsection, sent-
ence, clause, phrase or thereof irrespective of the
fact that any one or sections, subsections, sentences,
clauses, phrases, or ions be declared invalid or unconsti-
tutional.
SECTION 3: ~er the adoption of this ordinance nor the
repeal hereby any ordinance shall in any manner affect the
prosecution f, violation of ordinances, which violations were
committed to the effective date hereof, nor be construed
as affecti~ any of the provisions of such ordinance relating
to the on of any such lice6se or penalty or the penal
provisi, applicable to any violation thereof, nor to affect
the of any bond or cash deposit in lieu thereof,
required to be posted, filed or deposited pursuant to any
063
ORDINANCE NO. NS- 2098
PAGE THREE
ordinance and all rights and obligations thereunde
ing shall continue in full force and effect.
ADOPTED this
day of
)ertain-
, 1990.
ATTEST:
H. Young
Janice C. Guy
Clerk of the Council
COUNCILMEMBERS:
Young
Acosta
Griset
May
McGuigan
Norton
Pulido
APPROVED AS TO FORM:
Edwar~J. (Co~pe r
City At torW~y