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ORDINANCE NO. NS-2330
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTIONS 8-44 AND 33-47 OF THE
SANTA ANA MUNICIPAL CODE PERTAINING TO
THE PAYMENT OF THE TRANSPORTATION SYSTEM
IMPROVEMENT FEE AND TO THE REQUIR~E~S~
FOR STREET DEDICATIONS AND~EN~S
THE CITY CO~C.~~ TH~.~5~I_.~Y O.~F~A~'~I~-A D(~S ORDAIN AS
FOLLOWS: ~ ~~:~' ~
.
(a) In addit~~~h~es~er~ shall be a special
fee required as ~ecedent to the issuance of certain
building permits for construction or improvement on those proper-
ties lying at least partially within any portion of the city
designated by resolution of the city council as a transportation
system improvement 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 site which lies
wholly or partially within the boundaries of a transpor-
tation improvement program area; and
The estimated cost of the proposed construction or
improvement, as determined by the building official, will
exceed fifty thousand dollars ($50,000.00). 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.
A construction or improvement project shall not be deemed to
result in an increase of floor area on a site to the extent that
the floor area in the buildings to be constructed replaces floor
area in any existing buildings on that site which are to be
demolished, provided (1) that such existing buildings are still in
existence at the time of the approval, pursuant to Division 3
(commencing with section 41-668) of Article V of Chapter 41 of the
OOZ
Santa Ana Municipal Code, of a development project plan for the
buildings to be constructed, and (2) that reasonable evidence of
the size of the floor area of the existing buildings is provided to
the city by the owner or developer of the site. In such a case,
the floor area of the buildings which are to be demolished shall be
deducted from the floor area of the new buildings in determining
the amount of the fee; provided, however, that in no event shall
the owner or developer of the new buildings be entitled to receive
any payment or credit from the city by reason of such deduction.
If the demolition of the existing buildings is not to occur until
after the construction of the new buildings, then (1) either the
feefor the new buildings shall be
the existing~buildings and a
shall be made at the time of
(2) the fee shall be paid
executive director of
the owner or
£ected without set-off for
amount of the set-off
of those buildings, or
such agreement as the
may enter into with
of the city.
(c), The
spec~
projects are
this section:
work which will not
existing structures.
(2) facilities, whether surface or
(d) Any of the city council establishing a
transportation ~tem 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 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 transporta-
tion system within such area when such improvements will substan-
tially benefit the transportation system within the area.
SECTION 2: That section 33-47 of the Santa Ana Municipal Code
'is hereby amended to read as follows:
Seo. 33-47.
for the issuance of & construction permit- General-
No building permit shall be issued for the erection, construc-
tion or enlargement of any building or structure in the City of
003
Santa Ana for which aggregate work performed within any twelve--
month period exceeds five hundred (500) square feet of floor area,
nor for the enlargement, ~l~eratign or repair of an~ structure.in
the City of Santa Ana wlth~n any tWelve-month period for which
aggregate work exceeds fifty thousand dollars ($50,000) valuation,
until there has first been compliance with the requirements of
sections 33-49 through 33-53 of this chapter.
Whenever public improvements are required for the issuance of
a construction permit under this section, the Executive DirectOr of
the Public Works Agency sha~l requi~e
device to guarantee completion~o_q~~ov~m~n~s~e%su~Y
device shall be in a for. m~'a~n aD/~nt whi~S~ongDlY
acceptable to the Executlv~ ~-~elt~%\~h~5~ova~ of
the City Attorney.
SECTION 3: If any s4ction,_s~se~, sen~enc~...q~e,
phrase or portion of this o~di~%~ f~n~~5/be
invalid or uncons%itutiona% ~%~h~
competent jur%sdict~o~, such~e~i~shal~~ val%gitY
of the remaining portions ~~he .C.it~ Coun~=of
the City of Santa Ana her~at 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 4: 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 effectivg~date hereo~, nor be construed as
affecting any ofuthe provisions~0f such ordinance relating to the
collection of a~y such licens~ o~ penalty Or.31the 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 contiDue in full force
and effect. ·
004
ADOPTED this
day of , 1997.
ATTEST:
Janice C. Guy
Clerk of the Council
COUNCILMEMBERS:
Pulido
Richardson
Espinoza
Lutz
McGuigan
Franklin
Moreno