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HomeMy WebLinkAboutNS-1900 - Amending Sections to Adopt the Uniform Building Code, 1985 Edition, with Amendments, by Reference...CDG: mb 5/1/87 ORDINANCE NO. NS- 1900 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 8-43, 8-44, 8-90, 8-99, 8-111, AND 8-202 TO ADOPT THE UNIFORM BUILDING CODE, 1985 EDITION, WITH AMENDMENTS, BY REFERENCE. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 8-43 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-43. Adoption by reference. There is adopted by the city that certain code known as the Uniform Building Code, 1985 Edition, and the whole thereof, together with the appendices therein and the 1985 Edition of the Uniform Building Code Standards save and except such portions as are deleted by the amendments set forth in this article, of which said code not less than three (3) copies have been and are on file in the office of the clerk of the council of the city. The said code is adopted and incorporated as fully as if set forth at length herein as provided for in Section 419 of the Charter of the city, and, subject to all amendments set forth in this article, shall be in effect within the City of Santa Ana from the effective date of this section. Any provision of this article amending the "Building Code" or "Uniform Building Code" shall be construed as amending the said adopted code 1985 Edition, including such provisions enacted prior to the amendments of this section and not thereafter repealed. The said adopted code, 1985 Edition, as thus amended, together with all other provisions of this article, shall be known as the building code of the City of Santa Ana. SECTION 2: That Section 8-44 of the Santa Ana Municipal Code is amended to read 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. ORDINANCE NO. NS- 1900 PAGE TWO (b) The building official shall require the payment of a special fee in the amount of one per cent of the estimated cost of construction or improvement for the transportation system improvement 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 building official, will exceed twenty 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 a building valuation data chart. (c) The following construction and improvement projects are specifically excluded from the requirements of this section: (1) Construction of single-family residential units and accessory structures to be constructed on parcels in any Residential Estate ("RE") or Single-Family Residence ("Ri") district. (2) Tenant improvements and maintenance work which will not increase the floor area of existing structures. (3) Off-street parking facilities, whether surface or structured. (d) Any resolution of the city council establishing 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 ORDINANCE NO. NS-1900 PAGE THREE 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 when such improvements will substantially benefit the transportation system within the area. SECTION 3: That Section 8-90 of the Santa Ana Municipal Code is amended to read as follows: Sec. 8-90. Creation of department (Section 201). Section 201 of the Building Code is amended to read as follows: There is established in the city the building safety department, which shall be under the jurisdiction of the director of the building safety department designated by the city manager. Whenever in this code reference is made to building official such reference shall be taken to mean the director of the building safety department. SECTION 4: That Section 8-99 of the Santa Ana Municipal Code is amended to read as follows: Sec. 8-99. Fees (Section 303). Section 303(a)(b) & (c) 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. SECTION 5: That Section 8-111 of the Santa Ana Municipal Code is amended to read as follows: sec. 8-111. Fees. (Section 304). Section 304 of the Building Code is amended by deleting therefrom subsection (f). -004 ORDINANCE NO. NS-1900 PAGE FOUR SECTION 6: That Section 8-202 of the Santa Ana Municipal Code is amended to read as follows: Sec. 8-202. Definition of "enforcing authority". As used in this division, the term "enforcing authority" shall mean the building official or his authorized representatives. SECTION 7: 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 8: 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 to the collection of any such license or penalty or the penal provision applicable to any 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 ]St day of June , 1987. n~-ce C. Guy / C~lerk of the Counci~/ COUNCILMEMBERS: McGuigan Absent Acosta ~ APPROVED AS TO FORM: Griset A e Hart ~ E~~ May Pulido Aye pper Young A¥~ City Attorney