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HomeMy WebLinkAboutNS-1967 - Amending Section of the Santa Ana Municipal Code to Provide for the Setting of Transportation System Improvement Program Area Fees by Resolution of the City CouncilREL :mb(14) 433 6/16/88 ORDINANCE NO. NS-1967 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 8-44 OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE FOR THE SET- TING OF TRANSPORTATION SYSTEM IMPROVE- MENT PROGRAM AREA FEES BY RESOLUTION OF THE CITY COUNCIL THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 8-44 of the Santa Ana Municipal Code is hereby 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 partial- ly within any portion of the city designated by resolution of the city council as a transportation system improve- ment program area. (b) The building official shall require the payment of a special fee in such amount as the City Council shall set by resolution before a building permit will be issued when an application for a building permit indicates the following: (1) (2) 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 trans- portation improvement program area; and The estimated cost of the proposed construc- tion 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. 434 ~RDINANCE NO. NS-1967 PAGE TWO (C) The following construction and improvement pro- jects 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 describ- ing the boundary of such transportation system improve- ment program area and shall be on file in the office of the clerk of the council. (e.) The purpose of a transportation system improve- ment 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 when such improvements will substantially benefit the transportation system within the area. SECTION 2: Until such time as a different fee is set by resolution of the City Council in accordance with section 8-44 of the Santa Ana Municipal Code as amended by this ordinance, the fee required by that section for Transportation System Improvement Program Area A shall continue to be one percent (1%) of the estimated cost of the construction or improvement which is the subject of a building permit application for which payment of a fee is required by that section. 435 ORDINANCE NO. NS-1967 PAGE THREE SECTION 3: 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, 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. ADOPTED this ]St day of August , 1988. ATTEST: / Clerk of the Council / COUNCI LMEMBERS: Young McGuigan ~ Acosta ~ Griset ~ Hart Absent May ~ Pulido Aye APPROVED AS TO FORM: Edwar~'~J .Con.per City At torn~--y