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Home My WebLink AboutNS-1143ORDINANCE NS-1143 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING~ ADDING TO~ AND REPEALING PORTIONS OF CHAPTER 33, SECTION 33~47 OF THE SANTA ANA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: Chapter 33, Section 33-47 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 33-47. Street dedications and public improvements required pursuant to the issuance of a permit for building con- struction. (a) NO building permit shall be issued for the erection, construction or enlargement of any building or structure in the City of Santa Ana which aggregate work performed within any twelve (12) month period exceeds five hundred (500) square feet of floor area, nor for the alteration or repair within any twelve (12) month period which work exceeds an aggregate of five thousand dollars ($5,000.00) valuation of any structure in the City of Santa Ana until the owner of the lot on which the building or structure is located first dedicates for public use the street right-of-way designated as necessary on the arterial street system as adopted by the master plan of streets and highways of the city or if the street right-of-way is not designated on the arterial street system as adopted by the master plan of streets and highways of the city, then to a mini- mum ultimate width of sixty feet (60') or as may otherwise be designated by a precise plan approved by the city council of the City of Santa Ana therefor. In unusual circumstances the direc- tor of public works may reduce the street right-of-way required to be dedicated if the right-of-way is not established by the master plan of streets and highways of the city and such existing street right-of-way is less than sixty feet (60') in width. In addition, at each intersection of an arterial street intersecting with any other street there shall be dedication so as to provide a property line radius of not less than twenty-five feet (25'). At intersections of other streets there shall be dedication so as to provide a property line radius of not less than fifteen feet (15'). In such cases as the lot abuts an arterial street the owner of the lot must also dedicate the vehicular access rights to the arterial street except at driveways approved by the director of public works. (b) Any owner, lessee or agent thereof who constructs or causes to be constructed within any twelve (12) month period any building or structure which aggregate work performed exceeds five hundred (500) square feet of floor area, or causes alterations or repairs within any twelve (12) month period which work per- formed exceeds an aggregate of five thousand dollars ($5,000.00) valuation to any building or structure, shall make the following improvements: Sidewalks, except on local streets in areas zoned M-1 or M-2, or replacement of existing sidewalks that are broken or deteriorated; and (2) Curbs and gutters; and (3) Roadway pavement; and (4) Driveway approaches, including replace- ment of existing driveway approaches that are broken or deteriorated and removal of abandoned driveway approaches and replacement with standard curb, gutter and sidewalks; and (5) Necessary drainage facilities; and (6) Street trees as approved by the park superintendent. (c) Ail public improvements required under this section shall be designed and constructed in accordance with the stan- dards 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 sec- tion. When such plans are required, no building permit shall be issued until such plans are approved by the director of public works. (e) No final release of utilities shall be issued until the requirements of this section as set forth herein have been com- plied with. On properties served by existing utilities, an appli- cant for a building permit shall be required to make a cash de- posit payable to the city 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 prior to his receiving said building permit. Said cash deposit shall be refunded in full upon satisfactory completion of all required street improve- ments. (f) The requirements as set forth in paragraphs (b), (c), (d), and (e) of this section 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 suffi- ciently from the future grade that it would not be feasible to construct such installation. The director of public works shall require the owner, lessee or agent to enter into an agreement providing for the installation of the improvements at such future time as may be feasible to construct the improvements in accor- dance with design grades provided, however, he shall notify in writing the said owner, lessee or agent at least sixty (60) days prior to any performance required thereunder. Any such agree- ment shall be secured by a cash deposit in lawful money of the United States of America~. in the sum of the estimated cost of the required improvements. Said cash deposit shall be refunded in full upon satisfactory completion of all required street im- provements. Whenever the required street improvements are not done or completed within the time specified, the director of public works is authorized to use the deposit money to cause all of the required work to be done or completed and for payment of all costs and expenses therefor. .~L After the presentation of all material facts by the applicant for a building permit and/or the staff of the City of Santa Aha, 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 determination, 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 assessment district for street improve- ments where said assessment district would en- compass the subject property 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: 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, 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 ordinances relating to the collection of any such license or penalty or the penal provisions 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. SECTION 4: That the Clerk of the Council shall certify to the passage of this Ordinance and cause the same to be published in some daily newspaper printed and published in the City of Santa Ana. SECTION 5: That this Ordinance shall take effect thirty days from and after the date of its adoption, except as here- in specifically provided. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 20th of November , 1972. day ATTEST: MAYOR CLERK OF THE COUNCIL STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SANTA ANA ss I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the fore- going Ordinance was introduced to said Council at its regular meeting held on the 6th day of November , 1972 and was again considered by said Council at its meeting held on the 20th day of November , 1972, and was at said meeting passed and adopted by the following vote, to wit: AYES, COUNCILMEN: NOES, COUNCILMEN: Herrin, Evans, Markel, Patterson, Villa, Yamamoto, Griset None ABSENT, COUNCILMEN: None CLERK OF THE COUNCIL APPROVED AS TO FORM: