HomeMy WebLinkAboutNS-2197 - Amending Section 8-44 of the Santa Ana Municipal Code to Apply Transportation System Improvement Program Fees to Single-Family Residential DevelopmentORDINANCE NO. NS- 2197
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTION 8-44 OF THE SANTA ANA
MUNICIPAL CODE TO APPPLY TRANSPORTATION
SYSTEM IMPROVEMENT PROGRAM FEES TO
SINGLE-FAMILY RESIDENTIAL DEVELOPMENT
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) Tenant improvements and maintenance work which will not
increase the floor area of existing structures.
(2) Off-street parking facilities, whether surface or
structured.
(d) Any resolution of the city council establishing a
ORDINANCE NS-2197 ~
Page 2 17~
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 2: Any single-family residential development which
would be exempt from the payment of transportation system
improvement program fees under section 8-44 of the Santa Ana
Municipal Code as it read immediately prior to the adoption of this
ordinance shall continue to be exempt from the payment of such fees
if a final tract or parcel map for such development has been filed
for approval with the city of Santa Ana in accordance with the
Subdivision Map Act of the State of California prior to May 17,
1993.
SECTION 3: 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, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 4: 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
obligations thereunder appertaining shall continue in full force
and effect.
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ORDINANCE NS-2197
Page 3
ADOPTED this 7th day of June , 1993.
ATTEST:
Cie the'Council
~o-61~the
COUNCIL~EMBERS:
Young Aye
Pulido Aye
Lutz Aye
Mills Aye
Moreno Aye
Norton Aye
Richardson Aye
Young~ /
APPROVED AS TO FORM:
city Attorney
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of California
County of Orange
of Santa Ana on
with the Charter of the City of Santa Aha.
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance
to be the original ordinance adopted by the City Council of the City
~ - 7 - ~ -~ ; and that said ordinance was published in accordance
Date: