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HomeMy WebLinkAboutNS-1728REL:jd 3/28/84 ORDINANCE NO. NS-1728 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 8-44 OF THE SANTA ANA MUNICIPAL CODE TO EXCLUDE OFF-STREET VEHICLE PARKING FACILITIES FROM THE TRANSPORATION SYSTEM IMPROVEMENT FEE THE CITY COUNCIL OF THE CITY OF SANTA bNA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 8-44 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 8-44. Transportation system improvement fee. (a) In addition to any other charges, there shall be a special fee required as a condition precedent to the issuance of certain building permits for construction or improvement on those properties lying at least partially within any portion of the city designated by resolution of the city council as a transportation system im- provement program area. (b) The director of planning and develop- ment services shall require the payment of a special fee in the amount of one per cent of the estimated cost of construction and improvement for the transportation system improvement pro- gram area before a building permit will be issued when an application for a building permit indicates the following: (1) A construction or improvement project which will result in an increase of floor area is on a parcel of land which lies wholly or partially within the boundaries of a transporta- tion improvement program area; and (2) The estimated cost of the proposed construction or improvement, as determined by the director of planning and development ser- vices, will exceed twenty thousand dollars ($20,000.00). 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 val- uation data chart. ORDINANCE NO. NS- 1728 Page two (c) The following construction and improve- ment projects are specifically excluded from the requirements of this section: (1) Construction of single-family res- idential units and accessory structures to be constructed on parcels in any Residential Estate ("RE") or Single-Family Residence ("Ri") district. (2) Tenant improvements and maintenance work which will not increase the floor area of existing structures. (3) Off-street parking facilities, whether surface or structured. (d) Any resolution of the city council es- tablishing a transportation system 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 insti- tuted 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 transportation system within such area when such improvements will substantially benefit the transportation system within the area. 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 or competent jurisdiction, such decision shall not af- fect 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, sub- section, sentence, clause, phrase or portion thereof irrespec- tive of the fact that any one or more sections, subsections, ORDINANCE NO. Ns-l?28 Page three sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this 7th day of ~a¥ , 1984. ~/. W~,~XEMBOURGER, ~yor ATTEST: E/Clerk of the Council COUNCILMEMBERS: APPROVED AS TO FORM: Luxembourger Aye Acosta Aye Bricken Aye Griset Aye Johnson Aye McGuigan Aye Young Aye EDWARD J/ C O~gR, City Attorney