HomeMy WebLinkAboutORD 08-13 Right-of-Way Dedication and Public Infrastructure ImprovementsORDINANCE NO. 8-13
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING CHAPTER 12.52
RIGHT -OF -WAY DEDICATION AND PUBLIC
INFRASTRUCTURE IMPROVEMENTS) OF THE
ORANGE MUNICIPAL CODE IN ORDER TO
MODIFY THE LIST OF CRITICAL
INTERSECTIONS, ARTERIAL STREET
DESIGNATIONS, AND THEIR ULTIMATE STREET
RIGHT OF WAY WIDTHS, TO BE CONSISTENT
WITH THE STREET CLASSIFICATIONS AND
INTERSECTION DESIGNATIONS ESTABLISHED
IN THE CITY'S 2010 GENERAL PLAN
CIRCULATION AND MOBILITY ELEMENT AS
AMENDED.
APPLICANT: CITY OF ORANGE
WHEREAS, the City Council has authority per State law to establish and modify its
Municipal Code; and
WHEREAS, the City Council adopted a comprehensive update to the Orange
General Plan (including the Circulation and Mobility Element) on March 9, 2010 as well as
subsequent amendments; and
WHEREAS, the Circulation and Mobility Element depicts arterial street
classifications on Figure CM -2, Master Plan of Streets and Highways, and identifies typical
street cross sections and the ultimate street right of way width associated with each street
classification in Figure CM -1, Roadway Cross Sections; and
WHEREAS, the Circulation and Mobility Element also describes the City's Critical
Intersection Program and depicts the locations of "critical intersections" on Figure CM -2,
Master Plan of Streets and Highways; and
WHEREAS, Circulation and Mobility Element Figure CM -2, Master Plan of Streets
and Highways, functions as a tool for planning the City's street system in a manner that
accommodates existing and future traffic volumes and minimizes traffic congestion; and
WHEREAS, Orange Municipal Code Section 12.52, (Right -Of -Way Dedication and
Public Infrastructure Improvements) codifies arterial street classifications, ultimate street
right -of -way widths, the "critical intersections" list, and authorizes the City to obtain street
dedications "; and
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WHEREAS, the "critical intersections ", arterial street classifications, and street
right -of -way widths currently reflected in Orange Municipal Code Section 12.52 are based
on the 1989 General Plan; and
WHEREAS, it is necessary to revise Orange Municipal Code Section 12.52 to be
consistent with the 2010 General Plan (as subsequently amended) and to provide clear
guidance to City staff and members of the public; and
WHEREAS, the proposed amendments to the Orange Municipal Code implement the
2010 General Plan and as such pursuant to California Environmental Quality Act (CEQA)
Guidelines Section 15168(c) the City has determined that the effects of the proposed
modifications were examined in the 2010 General Plan Program Environmental Impact
Report (EIR) No. 1815 -09, certified on March 9, 2010 (SCH #200603 1 1 1 7);
WHEREAS, the City has determined that pursuant to CEQA Guidelines Section
15162, the proposed amendments will not cause new effects or require new mitigation
measures, which were not already identified in previously certified General Plan Program
EIR. As such, the City has determined that the proposed activity is within the scope of the
project covered by the previously certified General Plan Program EIR and nothing further is
necessary or required to comply with CEQA; and
WHEREAS, the City Council, having considered the proposed amendments to the
Orange Municipal Code at a duly advertised public hearing held on July 9, 2013 and August
13, 2013 including review of the staff report and receiving public testimony on the item,
determines that the amendments are justified.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I:
Sections 12.52.020 "Right -of -Way Dedication Required ", 12.52.022 "Arterial streets ",
12.52.024 "Street Width Exceptions" and 12.52.026 "Critical Intersections" of the Orange
Municipal Code are hereby amended as shown in Exhibit A, "Proposed OMC text changes
shown in underline /stfil -eetit format), and Exhibit B, "Amended OMC text (clean version) ".
SECTION II:
Should any section, subsection, clause, or provision of this Ordinance for any reason be held
to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this Ordinance; it being hereby
expressly declared that this Ordinance, and each section, subsection, sentence, clause and
phrase hereof would have been prepared, proposed, approved and ratified irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid or unconstitutional.
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SECTION III:
A summary of this Ordinance shall be published and a certified copy of the full text
of this Ordinance shall be posted in the Office of the City Clerk at least fifteen (15) days
prior to the City Council meeting at which this Ordinance is to be adopted. A summary of
this Ordinance shall also be published once within fifteen (15) days after its passage in a
newspaper of general circulation in the City of Orange. The City Clerk shall post in the
Office of the City Clerk a certified copy of the full text of the adopted Ordinance along with
the names of those City Council members voting for and against the Ordinance in accordance
with Government Code Section 36933.
ADOPTED this 27 day of August, 2013.
eresa E. Smith, Mayor', City of Orange
ATTEST:
i
Mary E. M ty Clerk, Cit nge
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 13 day of August, 2013, and thereafter at the regular meeting of said
City Council duly held on the 27 day of August, 2013, was duly passed and adopted by the
following vote, to wit:
AYES:COUNCILMEMBERS:Alvarez, Whitaker, Smith, Murphy, Bilodeau
NOES:COUNCILMEMBERS:None
ABSENT:COUNCILMEMBERS:None
ABSTAIN:COUNCILMEMBERS:None
c*
Mary E. ity Clerk, f Orange