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HomeMy WebLinkAboutNS-2303 - Amending Section 41-688 of the Santa Ana Municipal Code to Revise the Definition of Development Project4O3 ORDINANCE NO. NS- 2303 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 41-688 OF THE SANTA ANA MUNICIPAL CODE TO REVISE THE DEFINITION OF DEVELOPMENT PROJECT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 41-668 of the Santa Ana Municipal Code is hereby amended to read as follows: Beo. 41-668. Definitions. (a) Development project: As used in this division, the term "development project" includes any of the following projects: (1) The new construction of any building or buildings, and additions to any existing building or buildings, if new floor space of five-hundred (500) square feet or more is constructed or added, or if the cost of the work to be done exceeds fifty thousand dollars ($50,000.00); but excluding the following: (i) single family homes; (ii) room additions to duplexes; (iii) tenant improvements not involving a change of use; (iv) facade improvements; (v) equipment covers or structures to cover equipment; (2) (3) Tenant improvements involving an intensification or change in occupancy classification. Any new construction, reconstruction or alteration of a service station, including facade improvements, but excluding environmental clean-up work such as underground tank removal or replacement. (4) (5) Cellular telephone monopoles. Any project that requires a discretionary approval, excluding conditional use permits for operation of eating establishments between the hours of 12:00 a.m. and 5:00 ORDINANCE NS-2303 405 Page 2 a.m. and conditional use permits for the sale of alcoholic beverages. (b) Discretionary approval: As used in this division, the term "discretionary approval" means a conditional use permit, variance, minor exception, tentative map approval, change in use district designation, or similar entitlement for development, the granting of which involves the exercise of discretion, other than the plan approval process set forth in this division. SECTION 2: 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 3: 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 18th day of ATTEST: / - November , 1996. COUNClLMEMBERS: Pulido Aye Richardson Aye Espinoza Lutz Abstained McGuigan Aye Mills Moreno Aye 406 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance .~,~- O3 to be the original ordinance adopted by the City Council of the City //~3:~/.9~ ; and that said ordinance was published in accordance of Santa Ana on with the Charter of the City of Santa Ana. Date: