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HomeMy WebLinkAboutNS-2355 - Pertaining to the Payment of Transportation System Improvement Fee and to the Requirements for Street Dedications and Improvements by Developers of Private PropertyGAS: 5/26/98 ORDINANCE NO. NS~355 AN ORDINANCE OF THE CITY OF SANTA A_NA AMENDING SECTIONS 8-44 AND 33-47 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE PAYMENT OF THE TRANSPORTATION SYSTEM IMPROVEMENT FEE AND TO THE REQUIREMENTS FOR STREET DEDICATIONS AND IMPROVEMENTS BY DEVELOPERS OF PRIVATE PROPERTY THE CITY COUNCIL OF THE CITY OF Si5_NTA 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: (i) A construction or improvement project which will result in an increase of floor area is on a site 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 thirty thousand dollars ($30,000.00). 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. A construction or improvement project shall not be deemed to result in an increase of floor area on a site to the extent that the floor area in the buildings to be constructed replaces floor area in any existing buildings on that site which are to be demolished, provided (1) that such existing buildings are still in existence at the time of the approval, pursuant to Division 3 (commencing with section 41-668) of Article V of Chapter 41 of the Santa Aha Municipal Code, of a development project plan for the buildings to be constructed, and (2) that reasonable evidence of the size of the floor area of the existing buildings is provided to the city by the owner or developer of the site. In such a case, the floor area of the buildings which are to be demolished shall be deducted from the floor area of the new buildings in determining the amount of the fee; provided, however, that in no event shall the owner or developer of the new buildings be entitled to receive any payment or credit from the city by reason of such deduction. If the demolition of the existing buildings is not to occur until after the construction of the new buildings, then (1) either the fee for the new buildings shall be collected without set-off for the existing buildings and a refund in the amount of the set-off shall be made at the time of the demolition of those buildings, or (2) the fee shall be paid in accordance with such agreement as the executive director of the public works agency may enter into with the owner or developer of the site on behalf of the city. (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 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. · ' ' ;-14'4 SECTION 2: That section 33-47 of the Santa Aha Municipal Code is hereby amended to read as follows: Sec. 33-47. Street dedications and required for the issuance mit- Generally. public improvements of a construction per- No building permit shall be issued for the erection, construction or enlargement of any building or structure in the City of Santa Ana for which aggregate work performed within any twelve-month period exceeds five hundred (500) square feet of floor area, nor for the enlargement, alteration or repair of any structure in the City of Santa Ana within any twelve-month period for which aggregate work exceeds thirty thousand dollars ($30,000.00) valuation, until there has first been compliance with the requirements of sections 33-49 through 33-53 of this chapter. Whenever public improvements are required for the issuance of a construction permit under this section, the Executive Director of the Public Works Agency shall require the furnishing of a surety device to guarantee completion of the improvements. The surety device shall be in a form and in an amount which is reasonably acceptable to the Executive Director, subject to the approval of the City Attorney. 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 Aha 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. 145 ' ADOPTED this 15th ATTEST: ~rk of the Council COUNCILMEMBERS: Pulido Aye Richardson Aye Espinoza Not voting Franklin Aye Lutz Aye McGuigan Aye Moreno Not voting day of June , 1998. May gUel At. Pulido or lAs sis t ant_~~~ey ORDINANCE NO. NS-2355 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No. /%/oc ~_ .~ ~'-~ to be the original ordinance adopted by the City Council of the City of Santa Ana on ~/, ~7C ~- ; and that said ordinance was published in accordance with the Charter of the City of" San(a kna. Date: Clerk of the'CounCil (~