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HomeMy WebLinkAboutNS-1923 - Amending Sections of Santa Ana Municipal Code and Adding Section to Increase the Residential Development Fee and Provide for the Use of Fee Revenues for Park Acquisition and Development...RE .:mb126> , 175 5/14/87 O~DINANCE NO. NS-1923 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 35-108 AND 35-110 OF THE SANTA ANA MUNICIPAL CODE AND ADD- ING SECTION 35-114 THERETO TO INCREASE THE RESIDENTIAL DEVELOPMENT FEE AND PROVIDE FOR THE USE OF FEE REVENUES FOR PARK ACQUISITION AND DEVELOPMENT ON A CITY-WIDE BASIS. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 35-108 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 35-108. Purpose. (a) Development of parks within the city will require the construction of park and recreation facilities sufficient to provide two (2) acres of such facilities per one thousand (1,000) population in the city. (b) Fees paid under the requirements of section 35-110 shall be placed in a special fund to be known as the "Park Acquisition and Development Fund". Moneys in such fund shall be expended for the acquisition, construc- tion and renovation of park and recreation facilities. In the event the city meets the standard of two (2) acres of such facilities per one thousand (1,000) population, and will meet such criterion following all developments for which fees have been collected, any moneys remaining in such fund may be used for renovation of the city's existing parks. SECTION 2: That Section 35-110 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 35-110. Fees. Any person adding net residential units or converting apartments to condominiums in the City of Santa Ana shall pay to the city the following fees: (a) Two thousand three hundred ninety-five dollars ($2,395.00) for each net residential unit which is a single- family home or mobile home having five (5) or more bedrooms. (b) Two thousand one hundred fifty-eight dollars and forty-five cents ($2,158.45) for each net residential unit which is a single family home or mobile home having four (4) bedrooms. {{{ . - J.76 ORDINANCE NO. NS- 1823 PAGE TWO (C) One thousand nine hundred forty-one dollars ($1,941.00) for each net residential unit which is a single- family home, mobile home, apartment or condominium having three (3) bedrooms. (d) One thousand four hundred fifty-six dollars and eight cents ($1,456.08) for each net residential unit which is a single-family home or mobile home having two (2) or less bedrooms, or which is an apartment or condominium having two (2) bedrooms. (e) One thousand ninety dollars and seventy cents ($1,090.70) for net residential units which are apartments or condominiums having one (1) or less bedrooms. (f) For conversion of apartments to condominiums, an amount which is equivalent to the fee for such condo- miniums as net residential units, less an amount equal to the total fees paid pursuant to this article for the same residential units at the time of construction as~ apartments. The fees hereby imposed are imposed under the police power to regulate residential development in the City of Santa Ana, for the purpose of preserving an appropriate balance between the demand by residents for use of park and recreational facilities and the availability of such park and recreational facilities and to preclude residential development which would create an excess demand on such facilities. The distinctions in fees with respect to types of residential units are hereby found to reflect significant differences in the demand for use of public park and recreation facilities by the occupants thereof. SECTION 3: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 35-114, which said section reads as follows: Sec. 35-114. Residential development tax. There is hereby imposed an excise tax on the privilege of engaging in residential development in the city. 'Such tax is imposed on the same persons and the same activities, in the same amounts, and subject to the same terms and conditions as established for residential development fees in sections 35-109 through 35- 112 of this Article, except that the amount of said tax due from any person for a particular residential development shall be reduced by the amount of the fees paid by or on behalf of such person for the same development pursuant to said sections. Any tax revenues collected pursuant to this section shall not be ORDINANCE NO. NS- 1923 PAGE THREE subject to section 35-108, but shall rather be general fund revenues of the city. 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 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 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 case 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 20th day of July , 1987. Daniel H. Youn~ ~ Mayor ATTEST: ~/llr~ice C. Guy / erk of the Council COU NCI LMEMBE RS: Young McGuigan Acosta Griset Hart May Pulido A e Aye A.¥e Aye Absent APPROVED AS TO FORM: