Santa Ana Municipal Code § 8-46 Fire facilities fee

Editor's note— Ord. No. NS-1573, § 1, enacted April 20, 1981, repealed §§ 8-40—8-42, creating fire zones 1, 2 and 3 and describing the boundaries of fire zones 1 and 2. Said sections were derived from Code 1952, §§ 8101—8101.2; Ord. No. NS-793, § 2, adopted April 19, 1965; and Ord. No. NS-1012, § 1, adopted May 4, 1970.

There is adopted by the city that certain code known as the California Building Code, 2025 Edition, based on the 2024 International Building Code as published by the International Code Council, (hereinafter referred to in this article as the "Building Code," "building code," or "California Building Code"), consisting of "Volume 1", "Volume 2" and the 2025 California Existing Building Code (together with subsequent supplements or amendments to any volume, each of which shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the city clerk of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The building code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the building code set forth in this chapter that specifically amends the Building Code. Any previously enacted, unrepealed provision of the Santa Ana Municipal Code that amended a pre-2025 edition of the "Building Code" shall also be construed as amending the applicable provision of the 2025 or later edition of the building code. The building code, as thus amended, together with all other provisions of this article, shall be known as the city building code.

Appendices which are adopted pursuant to this section are as follows:

Appendix I, Patio Covers

Appendix J, Grading

(Code 1952, § 8100; Ord. No. NS-793, § 2, 4-19-65; Ord. No. NS-1147, § 2, 11-6-72; Ord. No. NS-1214, § 1, 7-1-74; Ord. No. NS-1413, § 1, 4-17-78; Ord. No. NS-1573, § 2, 4-20-81; Ord. No. NS-1806, § 2, 11-18-85; Ord. No. NS-1900, § 1, 6-1-87; Ord. No. NS-2076, § 1, 9-17-90; Ord. No. NS-2182, § 1, 1-19-93; Ord. No. NS-2273, § 1, 12-18-95; Ord. No. NS-2522, § 7, 2-3-03; Ord. No. NS-2760, § 3, 12-3-07; Ord. No. NS-2810, § 1, 11-15-10; Ord. No. NS-2851, § 1, 11-18-13; Ord. No. NS-2905, § 1, 12-6-16; Ord. No. NS-2981, § 1, 12-17-19; Ord. No. NS-3032, § 1, 12-20-22; Ord. No. NS-3088, § 1, 1-20-26)

State Law reference— Authority to adopt codes by references, § 50022.1 et seq., Gov. Code.

(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 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 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 this Code, of a development project plan for the buildings to be constructed, and 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 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 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.

(Ord. No. NS-1651, § 1, 10-4-82; Ord. No. NS-1728, § 1, 5-7-84; Ord. No. NS-1806, § 5, 11-18-85; Ord. No. NS-1900, § 2, 6-1-87; Ord. No. NS-1967, § 1, 8-1-88; Ord. No. NS-2143, § 1, 9-3-91; Ord. No. NS-2197, § 1, 6-7-93; Ord. No. NS-2355, § 1, 6-15-98)

Cross reference— Transportation System Improvement Area Funds, § 13-110 et seq.

(a) A building permit applicant, as a condition of issuance of a building permit, shall pay a fee as hereinafter established to defray the costs of constructing bridges over waterways, railways, freeways and canyons, or constructing major thoroughfares.

(b) Definitions.

(1) Construction. The term "construction" as used in this section includes preliminary studies, design, acquisition of right-of-way, administration of construction contracts, and actual construction.

(2) Major thoroughfare. The term "major thoroughfare" means those roads designated as transportation corridors and major, primary, secondary, or commuter highways on the master plan of arterial highways, the circulation element of the general plan. The primary purpose of such roads is to carry through traffic and provide a network connecting to the state highway system.

(3) Bridge facilities mean those locations identified in the transportation of flood control provisions of the circulation element or other element of the general plan as requiring a bridge to span a waterway, a railway, freeway, or canyon.

(4) Area of benefit means a specified area wherein it has been determined that the real property located therein will benefit from the construction of a major thoroughfare or bridge project.

(c) The provisions herein for payment of a fee shall apply only if the major thoroughfare or bridge facility has been included in an element of the city's general plan or the general plan of the County of Orange adopted at least thirty (30) days prior to the application for a building permit and on land located within the boundaries of the area of benefit.

(d) Payment of fees shall not be required unless any major thoroughfares are in addition to, or a widening or reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit.

(e) Payment of fees shall not be required unless any planned bridge facility is a new bridge serving the area or an addition to an existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit.

(f) Action to establish an area of benefit may be initiated by the city council upon its motion or upon the recommendation of the executive director of public service agency. The city council shall set a public hearing for each proposed area benefitted. Notice of the time and place of said hearing including preliminary information related to the boundaries of benefit, estimated costs and the method of fee apportionment shall be given in accordance with Government Code Section 65091.

(g) At the public hearing the city council will consider the testimony, written protests, and other evidence. At the conclusion of the public hearing the city council may, unless a majority written protest is filed and not withdrawn, determine to establish an area of benefit, setting forth the boundaries of the area of benefit, setting forth the cost, whether actual or estimated, and the method of fee apportionment. A certified copy of such resolution shall be recorded by the city clerk with the Orange County Recorder's Office.

(1) Such apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of issuing a building permit for such property or portions thereof. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the city council shall make provisions for payment of the share of improvement cost apportioned to such lands from other sources.

(2) Written protests shall be received by the city clerk at any time prior to the close of the public hearing. If written protests are filed by the owners of more than one-half of the area of the property to be benefitted by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented by the protests to less than one-half of the area to be benefitted, then the proposed proceedings shall be abandoned, and the city council shall not, for one (1) year from the filing of said written protests, commence or carry on any proceedings for the same improvement under the provisions of this section. Any protests may be withdrawn by the owner making the same, in writing, at any time prior to the close of the public meeting.

(3) If any majority protests are directed against only a portion of the improvement, then all future proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of one (1) year, but the city council shall not be barred from commencing new proceedings not including any part of the improvement so protested against. Such proceedings shall be commenced by a new notice and public hearing as set forth in subsection (f) above.

(4) Nothing in this section shall prohibit the city council, within such one-year period, from commencing and carrying on new proceedings for the construction of an improvement or portion of the improvements so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefitted are in favor of going forward with such improvement or portion thereof.

(h) Fees paid pursuant to this section shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the area of benefit is one in which more than one (1) bridge or major thoroughfare is required to be constructed, a separate fund may be established covering all of the bridge projects or major thoroughfares in the area of benefit. If the area of benefit encompasses one (1) or more bridges and one (1) or more thoroughfares and all lands within the area of benefit are subject to the same proportionate fee for all bridges and thoroughfares, a single fund may be established to account for fees paid. Monies in such fund shall be expended solely for the construction or reimbursement for construction of the improvements serving the area to be benefitted and from which the fees comprising the fund were collected, to reimburse the city for the costs of constructing the improvement.

(i) The city council may approve the acceptance of consideration in lieu of the payment of fees established herein.

(j) The city council may approve the advancement of money from the general fund or road fund to pay the costs of constructing the improvements covered herein and may reimburse the general fund or road fund for such advances from planned bridge facility or major thoroughfare funds established pursuant to this section.

(k) If the building permit applicant, as a condition of the issuance of the building permit, is required or desires to construct a bridge or major thoroughfare, the city council may enter into a reimbursement agreement with the applicant. Such agreement may provide for payments to the applicant from the bridge facility or major thoroughfare fund covering that specific project to reimburse the applicant for costs not allocated to the applicant's property in the resolution establishing the area of benefit. If the bridge or major thoroughfare fund covers more than one (1) project, reimbursements shall be made on a pro rata basis reflecting the actual or estimated costs of the projects covered by the fund.

(Ord. No. NS-1829, § 1, 1-20-86)

(a) In addition to any other fees and charges, a fire facilities fee is required as a condition precedent to the issuance of building permit for construction of buildings exceeding two (2) stories in height (excluding parking structures and excluding buildings owned and occupied by agencies of the federal, state or local governments). The fee shall be in such amount as shall be set by resolution of the city council. In the event that, for any reason, the fee is not collected prior to issuance of the building permit, it shall be collected prior to issuance of a certificate of occupancy.

(b) The purpose of the fire facilities fee is to provide revenue to pay for equipment needed to fight fires in the expanding number of buildings over two (2) stories in height in the city, and to improve fire stations in the city as necessary to accommodate such equipment and otherwise augment the city's capability to fight fires in such buildings. The fire facilities fee revenues shall be used for such purpose. The facilities to be financed with fire facility fee revenues shall be identified in the resolution of the city council setting the amount of the fee.

(c) In establishing the fire facilities fee, the city council finds and determines that buildings over two (2) stories in height require unique firefighting equipment and fire station configurations, that the city has experienced considerable development of such buildings in the recent past and will continue to do so in the future, and that the acquisition of new equipment to fight fires in such buildings and the improvement of fire stations to accommodate such equipment are needs arising directly from the expanding development of such buildings.

(d) All fire facility fee revenues shall be deposited in an account separate and apart from other city revenues and may be expended from such solely to pay for the cost of the facilities identified pursuant to subsection (b) of this section or to reimburse the city for moneys expended by the city on such facilities from other revenue sources. Moneys in the fire facilities fee account may be temporarily invested in the same manner as other city moneys, and any interest income earned by moneys in the fire facilities account shall also be deposited in that account and shall be subject to the same limitations as fee revenues.

(Ord. No. NS-2075, § 1, 8-20-90)

All funds received pursuant to the provisions of section of Article X, Division 2 of chapter 8 of this Code shall be deposited in a separate account and identified with a separate unique expenditure activity number. All such funds shall be expended solely for the proactive rental enforcement program and shall not be used for any other purpose.

All interest income earned by the moneys in the proactive rental enforcement program account shall also be expended only for the proactive rental enforcement program. Should such monies be invested in combination with other funds and accounts, then the pro rata share of the interest earned by all such monies that is attributable to the program account shall be expended for the proactive rental enforcement program.

(Ord. No. NS-2408, § 4, 11-1-99; Ord. No. NS-2898, § 3, 5-17-16)

(a) In the event that land has been divided without prior approval of the city in the manner set forth in the Subdivision Map Act and subdivision regulations of the city, and such division results in violations of the building code by reason of the interior lot lines thereby created, the requirements of the building code which apply to existing buildings, other than R occupancy buildings, by reason of such interior lot lines may be waived, if:

(1) The owners of the lots created by the division submit a tentative map for the division and obtain conditional approval thereof; and

(2) The existing buildings are not rendered substantially less safe by reason of the lot lines thereby created than would be the case if the land had remained under single ownership and the building space had been divided by long-term leases or condominiums into units similar to those resulting from the division of land; and

(3) The restructuring or remodeling of the buildings to strictly conform to the building code requirements arising by reason of the interior lot lines would cause economic hardship disproportionate to the additional protection against spread of fire between ownership units which would result from strict adherence to such building code requirements.

(b) As used herein, "existing building" means a building in existence prior to the time of submission of a tentative map pursuant to the Subdivision Map Act and the subdivision regulations of the city.

(c) A waiver under this section shall be approved, conditionally approved, or denied by the city council after review and recommendations by the building official, the fire chief, and the executive director of public services. Any such waiver may be made subject to conditions designated to maintain or improve building safety, including:

(1) A requirement for covenants, conditions and restrictions running with the lots created by the division of land;

(2) A requirement that fire flow limitations as specified by the fire chief shall not be exceeded;

(3) Additional water service for fire protection purposes,

(Ord. No. NS-1435, § 1, 9-5-78; Ord. No. NS-1806, § 6, 11-18-85)

(a) Those provisions of the building code which, in the absence of this section, would impose requirements or restrictions on the construction of a motor vehicle parking structure by reason of any interior lot line transversing the ground surface area of said structure shall not apply to any such structure located in an integrated development.

(b) As used herein, "integrated development" means a development site comprised of two (2) or more lots where a parking structure or structures are provided for all uses located on the site in common and the lots are subject to reciprocal easements for the passage and parking of motor vehicles.

(c) This section shall not apply unless the reciprocal easements referenced in subsection (b) meet the following requirements:

(1) They must run with the land and be binding on all the owners thereof and their successors, heirs and assigns.

(2) They must be recorded in the county recorder's office.

(3) They must, by their terms, provide that they cannot be rescinded or substantially amended without the consent of the city evidenced in writing in or attached to the document setting forth the rescission or amendment.

(d) It is the intent of this section to allow a parking structure to be constructed on an integrated development site subject only to the same building code provisions as would apply if the site were held as one (1) parcel under single ownership.

(Ord. No. NS-1998, § 1, 2-21-89)