HomeMy WebLinkAboutNS-2143 - Amending Section 8-44 of Santa Ana Municipal Code...
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REL: 8/7/91
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ORDINANCE NO. NS-2143
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTION 8-44 OF THE SANTA ANA
MUNICIPAL CODE TO MODIFY THE SINGLE-
FAMILY RESIDENCE EXEMPTION FROM THE
TRANSPORTATION SYSTEM IMPROVEMENT FEE
THE CITY COUNCIL OF THE CITY OF SANTA ANA 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 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) 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
transportation improvement program area; and
(2) The estimated cost of the proposed construction or
improvement, as determined by the building official, 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 valuation data
chart.
(c) The following construction and improvement projects are
specifically excluded from the requirements of this section:
(1) construction of single-family residential units and
accessory structures; provided that no more than one such
unit per parcel shall be excluded.
(2) Tenant improvements and maintenance work which will not
increase the floor area of existing structures.
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ORDINANCE NS-2143
PAGE n~o
047
(3) Off-street parking facilities, whether surface or
structured.
(d) Any resolution of the city council establishing 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 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
transportation system within such area when such improvements will
substantially benefit the transportation system within the area.
SECTION 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 anyone or
more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 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 ordinance relating to the
collection of any such license or penalty or the 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
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ORDINANCE NS-2143
PAGE THREE
l
049
obligations thereunder appertaining shall continue in full force
and effect.
ADOPTED this
3rd day of
September
199-.L.
ATTEST:
~~
Mayor
~
~,- y~
t/' Janice C. Guy /
Clerk of the counci~
COUNCILMEMBERS:
Young,
Pulido
Acosta
Griset
McGuigan
Norton
Richardson
Ave
Ayr.
Aye
Ave
Ave
Aye
Ave
APPROVED AS TO FORM:
E~'c;C;?4~r
city Attorney
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the
attached Ordinance
NS -~1-I3
to be the original ordinance
adopted by the City Council of the City of Santa Ana on
9-3- '1/
; and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Ifl..-- v~ 0/''>/''1
Clerk of the Counci , Date
city of Santa Ana