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HomeMy WebLinkAboutNS-1041ORDINANCE NS-1041 AM_ENDING THE SANTA A/~A MUNICIPAL CODE BY ADDING SECTION 33-47 RELATING TO THE DEDICATION AND IMPROVEMENT OF CITY STREETS. WHEREAS, the City Council of the City of Santa Ana desires to establish a more complete, equitable and uniform method for the provision of the dedication and improvements of the public streets and ways of the City of Santa Ana; and WHEREAS, the City Council of the City of Santa Ana has determined that street dedications and the installation of public improvements should be a condition of the issuance of certain types of building permits in order to insure the future develop- ment of the City of Santa Ana and, therefore, enhance the general welfare of the people of the City of Santa Ana; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Article II of Chapter 33 of the Santa Ana Municipal Code is hereby amended by adding Section 33-47 thereto to read in words and figures, as follows: Sec. 33-47. Street Dedications and Public Improvements Re- quired pursuant to the Issuance of a Permit for Building Construction. (a) No building permit shall be issued for the erection, construction, enlargement, or structural alteration of any building or structure in the City of Santa Ana which work exceeds 500 square feet of floor area, until the owner of the work site first dedicates for public use the street right of way and other easements desig- nated as necessary pursuant to Sections 41-699 through 41-749 of the Santa Ana Municipal Code on "select system of streets" or on any public street less than 60 feet in width. (b) Any owner, lessee or agent thereof who constructs or causes to be constructed any building or structure, or enlarges or structurally alters any building or struc- ture, which work performed exceeds said 500 square feet of floor area, shall also construct, or cause to be constructed, sidewalks, curbs and gutters, pavement, driveway approaches and necessary drainage facilities. Any existing sidewalks that are broken or deteriorated shall be replaced as set forth herein. (c) Ail public improvements required under this section shall be designed and constructed in accordance with the standards of the Department of Public Works of the City of Santa Ana. (d) The Director of Public Works may require that plans be prepared by a registered Civil Engineer showing line and grade of the public improvements required to be constructed by this section. When such plans are (f) (g) required, no building permit shall be issued until such plans are approved by the Director of Public Works. No final release of utilities shall be issued until the requirements of this Ordinance as set forth herein have been complied with. On properties served by existing utilities, an applicant for a building permit shall be required to post a faithful perfor- mance bond or a cash deposit in lawful money of the United States of America in an amount sufficient to cover the entire cost of all street improvements as required herein. Said performance bond or cash deposit shall be refunded in full upon satisfactory completion of all required street improvements. The requirements as set forth in paragraphs (b), (c), (d), and (e) of this Ordinance may be suspended by the Director of Public Works upon the finding that the street or streets, upon which the required improvements are to be installed, vary sufficiently from the future grade that it would not be feasible to construct such installation. The Director of Public Works shall re- quire the owner, lessee or agent to enter into an agreement providing for the installation of the improve- ments at such future date as the Director shall set, which date may be changed at the discretion of the Director, provided however he shall notify in writing the said owner, lessee or agent of said change at least sixty days prior to any performance required thereunder. The agreement shall be in writing in a recordable form, shall be recorded and shall create a burden on the land. Any such agreement shall be secured by a faithful per- formance bond or a cash deposit in lawful money of the United States of America in the sum of the estimated cost of the required improvements. In the event that there is failure of performance after proper notice is given, the Director of Public Works may cause said work to be done and the cost thereof to be added to the real property tax bill of said real property for the next fiscal year. After the presentation of all material facts by the applicant for a building permit and/or the staff of the City of Santa Ana, the City Council may, by resolution designate areas in which the requirements contained in paragraphs (b), (c), (d) and (e) are inapplicable upon a finding that, due to the nature of the development or construction in the area, such installation would not be feasible or consistent therewith. In making its deter- mination, the City Council shall consider the following: (1) Whether or not a petition has been filed with the City Council or whether proceedings have already been initiated for the formation of a special assess- ment district for street improvements where said assessment district would encompass the subject pro- perty of said applicant for a building permit. (2) Whether or not street improvements exist within the block on the same side of the street as the subject property for which said application for a building permit has been filed. SECTION 2. That this Ordinance shall take effect thirty days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of tha City of Santa Ana at its regular meeting held on the 2h4 day of ~.~_~ , 1970. ATTEST: CLERK OF THE COUNCIL MAYOR STATE OF CALIFORNIA ) COUNTY OF ORANGH ) SS CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing Ordinance was introduced to said Council at its regular meeting held on the l_~_~_day of 0¢tober , 1970, and was again considered by said Council at its regu-~ ~eeting held on the 2ad day of November , 1970, and was at said meeting passed and adopted by the following vote, to wit: AYES, NOES, COUNCILMEN: Herria, Evams, Markel, Pattersoa, Villa, Yamamot o, Griset COUNCILMEN: ~eae ABSENT, COUNCILMEN: Nome CLERK OF THE COUNCIL