HomeMy WebLinkAboutNS-2254 - Amending Sections of Santa Ana Municipal Code and Repealing Section Pertaining to Drainage Area FeesORDINANCE NO. NS- 2254
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTION 34-191, 34-193 AND 34-
194 OF THE SANTA ANA MUNICIPAL CODE AND
REPEALING SECTION 34-195, PERTAINING TO
DRAINAGE AREA FEES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: That section 34-191 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 34-191. Drainage areas--Established.
The city is divided into six (6) local drainage areas
established by ordinance of the city council. Development of
property within said local drainage areas will require construction
of additional drainage facilities, as identified periodically by
resolution of the city council, because such development will
increase runoff by coverage of absorption areas and will increase
demand for protection from storm waters. The fee for drainage
facilities established pursuant to this chapter for development of
any property within any local drainage area will not exceed the pro
rata share of the amount of the total estimated cost of all
drainage facilities within the local drainage area which would be
assessable on such property if such costs were apportioned
uniformly on all property in such local drainage area on a per
acreage basis.
SECTION 2: That section 34-193 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 34-193. Same-Foes established.
The six (6) local drainage areas shall be known, respectively,
as "Local Drainage Area No. I" through "Local Drainage Area No.
VI", inclusive.
No final subdivision map or parcel map shall be approved nor
any building permit for new development issued in any of the local
drainage areas until the fee hereinbelow provided for has been paid
in cash or by other and equal consideration as provided for in
section 34-192.
Subject to section 34-195, the fee to be paid for any land
being subdivided or developed in any of the local drainage areas
shall be specified by resolution of the city council, and may be
changed from time to time as the cost of construction of said local
ORDiNAnCE S-22 4 523
Page 2
drainage facilities changes. Said fees shall be stated in any such
resolution for each gross acre of land being subdivided or
developed, and said figure shall be proportionately reduced, for
any fraction of an acre being subdivided or developed on an exact
percentage basis.
SECTION 3: That section 34-194 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Seo. 34-194. Same--Cre4it for previous fee payments.
With regard to any unit of real property for which payment of
a drainage area fee is due, the amount specified in the resolution
adopted pursuant to section 34-193 shall be reduced by the amount
of any drainage area fee previously paid with regard to such
property or any part thereof.
SE__E~: That section 34-195 of the Santa Ana Municipal
Code is hereby repealed.
SECTION 5: The drainage areas referenced in sections 34-191
through 34-194 of the Santa Ana Municipal Code are those areas of
the city of Santa Ana designated on the map attached hereto as
Exhibit A and incorporated herein by reference.
SECTION 6: Drainage area fees collected prior to the
effective date of this ordinance shall be held and disbursed in
accordance with the drainage areas and funds existing prior to this
ordinance.
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 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.
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 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.
~'~ OR[ INANCE NS-2254
EXl ibit A
~'~ ~'* City Cl~
Ac!~!:r'l,! :
JUNE 5 1995
EXHIBIT A
DRAINAGE ASSESSMENT AREA
FEE BOUNDARIES
ORD ANCS S-22S §25
Page 3
ADOPTED this
ATTEST:
19th
~Fl~k of the Coun~l~/
COUNCILMEMBERS:
Pulido Aye
Richardson Aye
Espinoza Aye
Lutz Aye
McGuigan Aye
Mills Aye
Moreno Aye
day of June , 1995.
APPROVED AS TO FORM:
City Attorney
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JAN-ICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance
of Santo Ana on
with the Charter of the City of Santa Ana.
to be the original ordinance adopted by the City Council of the City
/_a-- / fi- ~v,f"; and that said ordinance was published in accordance
3
Date:
rk of the Coune~l-/~--~
City of Santa Ana ~_ /