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<br />ORDINANCE NS-2124 <br />PAGE FOURTEEN 341 <br /> <br />with the facility standards under section 36-606: <br />withhold issuance of a building permit. <br /> <br />(2) To enforce compliance with the TDM strategy plan, <br />and TDM program under sections 36-607, 36-608, and <br />36-609: <br /> <br />a. withhold issuance of a utility release until <br />the initial TDM strategy plan as specified in <br />section 36-607 and a report describing trip <br />generation, level of service, and travel <br />impacts on the street system in the vicinity <br />of the project are submitted to the City; <br /> <br />b. Impose TDM penalty fees if the performance <br />requirement established in the TDM program as <br />specified in section 36-608 are not satisfied. <br /> <br />Sec. 36-612. Appeals. <br /> <br />Any decision of the Director regarding the provisions of <br />this article may be appealed to the Planning commission for <br />resolution. The decision of the planning Commission shall be <br />final. <br /> <br />SECTION 2: If any section, subsection, sentence, clause, <br />phrase or portion of this ordinance is for any reason held to be <br />invalid or unconstitutional by the decision of any court of <br />competent jurisdiction, such decision shall not affect the validity <br />of the remaining portions of this ordinance. The City Council of <br />the city of Santa Ana hereby declares that it would have adopted <br />this ordinance and each section, subsection, sentence, clause, <br />phrase or portion thereof irrespective of the fact that anyone or <br />more sections, subsections, sentences, clauses, phrases, or <br />portions be declared invalid or unconstitutional. <br /> <br />SECTION 3: Neither the adoption of this ordinance nor the <br />repeal hereby of any ordinance shall in any manner affect the <br />prosecution for violation of ordinances, which violations were <br />committed prior to the effective date hereof, nor be construed as <br />affecting any of the provisions of such ordinance relating to the <br />collection of any such license or penalty or the penal provision <br />applicable to any violation thereof, nor to affect the validity of <br />any bond or cash deposit in lieu thereof, required to be posted', <br />filed or deposited pursuant to any ordinance and all rights and <br /> <br />14 <br />