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HomeMy WebLinkAboutNS-1651EJC:jd 6/23/82 ORDINANCE NO. NS- 1651 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING SECTION 8-44 TO ESTABLISH A TRANSPORTATION SYSTEM IM- PROVEMENT FEE, ADDING ARTICLE XII TO CHAPTER 13, ESTABLISHING A TRANSPORTATION SYSTEM IMPROVEMENT AREA "A# FUND, AND AMENDING SECTION 8-99 TO COR- RECT A TYPOGRAPHICAL ERROR THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 8-44, which said section reads as follows: Sec. 8-44. Transportation System Improvement Fee (a) In addition to any other charges, there shall be a special fee required as a condition precedent to the issuance of certain building permits for construction or improvement on those properties lying at least partially within any portion of the City designated by resolution of the City Council as a transportation system improvement program area. (b) The director of planning and development services shall require the payment of a special fee in the amount of one percent (1%) of the estimated cost of construc- tion and improvement for the transportation system improve- ment program area before a building permit will be issued when an application for a building permit indicates the following: (1) A construction or improvement project which will result in an increase of floor area is on a parcel of land which lies wholly or partially within the boundaries of a transportation improvement program area; and (2) The estimated cost of the proposed construction or improvement, as determined by the director of planning and development services, will exceed %wen~ thousand dollars ($20,000.00 ). For purposes of this section the valuation per square foot shall not exceed that listed in the latest edition of Building Standards Magazine containing ~'building valuation data chart. ORDINANCE NO. NS- 1651 Page two (c) The following construction and improve- ment projects are specifically excluded from the requirements of this section. (1) Construction of single family resi- dential units and accessory structures to be constructed on parcels in any Residential Estate ("RE") or Single-Family Residence ("Ri") district. work which will not structures. (2) Tenant improvements and maintenance increase the floor area of existing (d) Any resolution of the City Council estab- lishing a transportation system improvement program area shall have affixed thereto a map specifically describing the boundary of such transportation system improvement program area and shall be on file in the office of the Clerk of the Council. (e) The purpose of a transportation system improvement program is to identify and designate those areas where the transportation system may experience a significant reduction in the level of service unless corrective measures are instituted concurrent with increased transportation demands. Fees collected for building projects and improvements on properties in a transportation systems improvement program area shall be used to improve the transportation system within such area, except said fees may be expended for im- provements outside the area when such improvements will substantially benefit the transportation system within the area. Section 2; That section 8-99 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 8-99. Fees. (Section 304) Section 304 of the Building Code is amended to read as follows: Fees and charges for building permits, plan checking, reinspection, and investigation shall be established and regulated by resolution of the City Council. ORDINANCE NO. NS- 1651 Page three Section 3: That the Santa Ana Municipal Code, is hereby amended by adding an article to Chapter 13, to be numbered Article XII, which said article reads as follows: ARTICLE XII TRANSPORTATION SYSTEM IMPROVEMENT AREA A Section 13-110. Creation of Transportation System Improvement Area "A" Fund. ;~ There is hereby created and established the Trans- portation System Improvement Area "A" fund. Section 13-111. Deposit of Money. Ail monies received from fees collected pursuant to section 8-43 for permits issued within Transportation System Improvement Area "A" shall be deposited into the Transportation System Improvement Area "A" fund. Section 13-112. Expenditure of Funds. Monies in the Transportation Systems Improvement Area "A" fund shall be expended to improve the transportation system within such area, or outside the area only when such improvement will substantially benefit the transportation system within the area. No expenditure shall be made unless the requirements of Santa Ana Municipal Charter, Section 421 have been complied with. Section 4: 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 or- dinance. 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. ORDINANCE NO. NS-1651 Page four Section 5: 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 ~th day of October , 1982. ATTEST: ~'N i C E '~ .~Uy ,~C'i ~ ~e COUNClL)4EMBERS: Council GORDON , Mayor Bricken ~y~ Luxembourger Aye Acosta Serrato Aye Griset Ave Markel Nay McGuigan Ave APPROVED AS TO FORM: ~DWAR~ J./CO~gPE~R, City Attornei.:- BAN'iA ANA