HomeMy WebLinkAboutORD-16-00 Add Ch 12.52 Right of Way and Infrastructure ImprovementsORDINANCE NO. 16-
00
r'AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE REPEALING CHAPTER 12.
12 AND 12.52 OF THE ORANGE MUNICIPAL
CODE AND ADDING NEW CHAPTER 12.52 TO
THE ORANGE MUNICIPAL CODE RELATING TO
RIGHT OF WAY DEDICATION AND
PUBLIC INFRASTRUCTURE
IMPROVEMENTS.
RECITALS:Aner due public hearing as required by law, the City Council of the City of Orange
has concluded that the following changes to the Orange Municipal Code should be
adopted:NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
DOES ORDAIN AS
FOLLOWS:SECTION
I:Chapter 12.12 of the Orange Municipal Code is hereby repealed in its
entirety.SECTION
II:Chapter12.52 of the Orange Municipal Code is hereby repealed in its entirety and a
new Chapter 12.52 is hereby added to the Orange Municipal Code to read as
follows:Chapter 12.
52 RIGHT OF WAY DEDICATION AND PUBLIC
INFRASTRUCTURE
IMPROVEMENTS
Sections:12.52.
010 12.52.
020 12.52.
022 12.52.
024 12.52.
026 12.52.
030 12.52.
040 12.52.
050 12.52.
060
Purpose.Right of Way Dedication
Required.Arterial
Streets.Street Width
Exceptions.Critical
Intersections.Public Infrastructure Improvements
Required.City Approval of
Improvements.Improvement Security
Required.Payment in Lieu of Making Public Infrastructure
12.52.070
12.52.080
Exceptions to Requirements.
Property Owner Maintenance of Certain Public Infrastructure
Improvements.
12.52.010 Purpose.As
the City's public infrastructure provides for the safe and expeditious movement of vehicular
and pedestrian traffic; the means for the distribution and delivery of goods and services;,
and for the circulation and accessibility to buildings, structures and properties for fire,police
and public service vehicles and personnel, the City Council has determined that each property
within the city, as a beneficiary of the public infrastructure, must also share in the responsibility
for the development and extension of that infrastructure. This accommodation shall
be achieved through the dedication, in fee simple or easement, and/or improvement to prescribed
standards, of public and private property for the public use as streets and highways,curbs
and gutters, sidewalks, drainage facilities, driveways, street lights and street trees, and for public
utility purposes, and the City Council has determined that they may forbid the erection,construction,
enlargement, repair or improvement of buildings or structures unless, when required
within the dictates of this Chapter, property and/or improvements for the development or
extension of the City's public infrastructure are provided.12.
52.020 Right of Way Dedication Required.A.
On any property abutting an existing or proposed street(s) no building permit or other
applicable City approval shall be issued, for the erection, construction, enlargement or change
of use of any building, structure or facility, nor for any alteration or repair, that will burden
the adjacent public infrastructure until the owner of the lot on which such work is proposed,
first dedicates for public use (unless such dedication has previously been made in total)
that street right-of-way commensurate with one or more of the requirements of
the following street classifications or special
conditions:1. Arterial Highway--as identified bySection 12.52.022 Arterial
Streets and Highways of the Orange Municipal Code and described by the Master Plan of
Streets and Highways as contained in the Circulation Element of the General Plan of the City of
Orange as adopted on August 22,
1989; or 2. Hillside Standard--an arterial or local street
that is topographically restricted may qualify for reduced street right-of-way dedication as defined
in the City of Orange Department of Public Works---Standard
Plans
and Specifications, Current Edition; or 3. Street Width Exceptions--those
streets or street sections thereof identified in Section 12.
52.024 Street Width
4. Critical Intersections--those streets constituting the legs of a
critical intersection as identified in Section 12.52.026 Critical Intersections;
or
5. Local Streets--streets not classified as arterial streets are
therefore designated as local streets, and shall have a minimum street right-of-
way dedication requirement of sixty (
60') feet; or 6. American Disabilities Act--special requirements
as determined by the Director of Public Works necessary to comply with
regulations concerning handicapped persons as imposed by the
State of California; and 7. Comer Cut Offs--each comer of
an intersection dedication of sufficient street right-of-way shall be required, as
defined in the Department of Public Works--Standard Plans and Specifications--Corner Cut Offs, to
provide a minimum curb return with a radius of not less than thirty-two (32')
feet. The Director of Public Works, may, to accommodate certain traffic
requirements, or theme development standards, increase or decrease the requirements stated in this paragraph to
not less than the right-of-way necessary to accommodate a twenty-five 25') foot radius
curb return or not greater than a fifty foot (50') radius curb return.B.
Unless otherwise specified in Section 12.52.024 Street Width Exceptions, or
in special topographic conditions as defined by Department of Public Works-Standard Plansand Specifications, or
in relation to a critical intersection as defined in Section 12.52.026 Critical Intersections,
right-of-
way shall be equal and symmetrical from both sides of the centerline of
a respective street.c. The proVISIOns of this or succeeding Sections do not
preclude the possible requirement by the Director of Public Works for
additional street dedication necessary to implement street realignments, special traffic operations enhancements or safety related
design features such as bus bays, turn lanes, parking bays, sight distance clearance zones, etc.,
although
such features may not be
specifically
identified or required in conjunction with Sections in this Chapter.12.52.022
Arterial Streets.r-The following Arterial Streets and Highways are contained in the Circulation Element
of the City of Orange General Plan as adopted in April, 1989. Dedication
of right-of-way as indicated is required to be commensurate with the respective street classification unless
identified as an exception per Section 12.52.024 Street Width Exceptions,
or unless identified as a critical intersection per Section 12.52.026 Critical Intersections. Right-
of-way requirements for
critical intersections as identified
A. Augmented Major Highway. Eight travel lanes divided. Required right-
of-way dedication of
120 feet.1. Chapman Avenue--1-5
Freeway
to SR-57 Freeway;2. Chapman Avenue--
Tustin Street to Yorba Street;3. Katella
Avenue--Tustin Street to SR-55 Freeway;4.
Orangewood Avenue--West City Limits through SR-57
Freeway;5. State College Boulevard--1-5 Freeway
to
Orangewood Avenue;
6. The City Drive--SR-22 Freeway to 1-5
Freeway.B.120 feet.Major Highway. Six travel lanes
divided. Required right-of-way dedication of 1.
Jamboree Road--North City Limits to South City
Limits;2. Katella Avenue--West City Limits to Tustin Street;3.
Main Street--South City Limits to SR-22 Freeway;4.
Santa Ana Canyon
Road--Nohl Ranch Road to North City Limits.C.
Augmented Primary. Six travel lanes divided. Required
right-of-way dedication of 100 feet.1.
Cannon Street--Via Escola Road to Santiago
Canyon
Road;2. Chapman Avenue--SR-57 Freeway
to Main Street;3. Chapman Avenue--The City
Drive to Metropolitan Drive;4. Chapman Avenue--Yorba
Street to Jamboree Road;
8. Main Street--SR-22 Freeway to
Collins Avenue;9. Santiago Canyon Road-- Wanda Road to
Jamboree Road;10.Villa Park Road--Wanda Road to East
City Limits.D. Primary. Four travel lanes divided. Required right-of-way
dedication of 100 feet.1. Cannon Street--Santiago Canyon
Road to Via Escola Road;2. Chapman Avenue--West
City Limits to The City Drive;3. Glassell
Street--Collins Avenue to North City Limits;4.
Glassell Street--South City Limits to LaVeta Avenue;
5. Lewis Street--Garden Grove Boulevard to
Metropolitan Drive;6. Main Street--Collins Avenue to Taft
Avenue;7. Newport Boulevard--South City Limits
to Santiago Canyon Road;8. Orangewood Avenue--SR-57
Freeway to Main Street;9. The City Drive--
Garden Grove Boulevard to SR-22 Freeway;10.
Town & Country Road--Main Street to Parker Street;11.
Tustin Street--Lincoln Avenue
to North City Limits.E. Augmented Secondary. Four
travel lanes divided. Required right-of-way
dedication
of 80 feet.1. Chapman A venue--
Glassell Street to Tustin Street;2. Chapman
Avenue--Main Street to Glassell Street;r-3. Glassell Street--LaVeta Avenue
to Collins Avenue;4.
F. Secondary. Four travel lanes. Required right-of-way dedication of
80 feet.1. Batavia Street--LaVeta Avenue
to Lincoln Avenue;2.Cambridge Street--South City Limits
to Meats Avenue;3. Cannon Street--Chapman Avenue
to Santiago Canyon Road;4. Canyon View Avenue--
Chapman Avenue to Jamboree Road;5. Collins
Avenue--Wanda Road to Eckhoff Street;6.
Eckhoff Street--Sycamore Avenue to Collins Avenue;7.
Esplanade Street--South City Limits to Chapman Avenue;8.
Fairhaven Avenue--East City Limits to West
City Limits;9. Fletcher Avenue--Batavia Street to Glassell
Street;10. Hewes Street--South City Limits
to North City Limits;11. LaVeta Avenue--Esplanade
Street to Tustin Street;12. Lawson Way--LaVeta
Avenue to Town & Country Road;13. Lewis Street--Metropolitan
Drive to North City Limits;14. Nohl
Ranch
Road--
Santiago
Boulevard to East City Limits;15. Orange-
Olive Road--Taft Avenue to Lincoln Avenue;
16.17.18.Parker Street--South City Limits
to
LaVeta Avenue;Prospect Street--South City Limits to
Collins Avenue;Riverdale A venue--Glassell Street
to East CityLimits;19. Serrano Avenue--Cannon Street to
East City Limits;20.
22. Via Escola Road--Meats Avenue to Cannon
Street;23. Walnut Avenue--Main Street to
Glassell Street;24. Yorba Street--South City Limits
to Chapman Avenue;25. Yorba Street--Chapman
Avenue to Walnut Avenue.G. Secondary. Four travel lanes and bicycle
lane. Required right-of-
way dedication of eighty-six (86) feet.1.
Bond Avenue--Prospect Street to Rancho Santiago
Boulevard;2. Collins Avenue--Wanda Road to
Prospect Street;3. Orange-Olive Road--Lincoln Avenue to
Riverdale Avenue;4. Santiago Boulevard--South City
Limits to Nohl Ranch Road;5. Walnut
Avenue--Glassell Street to Tustin Street;6. Walnut
Avenue--Tustin Street to Prospect Street;7. Wanda Road--Collins
Avenue to North
City
Limits.
H.
Commuter
Roadways.
Two
travel
lanes.
Required right-of-way dedication of
sixty (60) feet.1.2.
3.4.I""5.6.7.Canal
Street--Meats Avenue toHeim Avenue;EckhoffStreet--Chapman Avenue to
Sycamore Avenue;Flower Street--La Veta Avenue
to Chapman Avenue;Main Street/
Grove A venue-- Taft Avenue to Batavia
Street;Spring Avenue--Hewes
8. Wanda Road--Collins Avenue to Walnut
Avenue.1. Commuter Road. Two travel lanes and bicycle lane. Required
right-of-way dedication of
sixty-six (66) feet.1. Rancho Santiago Boulevard--
Chapman Avenue to Meats Avenue;2. Taft
Avenue--Sycamore Avenue to Cannon Street.
12.52.024 Street Width Exceptions.The following streets have right-
of-way width dedication requirements that differ from the requirements specified in Section 12.
52.
022 Arterial Streets.
These streets and requirements are:A. Cannon Street:From Cliffway Drive to one thousand two
hundred
eighty (1,280) feet north of Cliffway Drive
Shall have a width of seventy-five (75) feet;
Forty-one (41) feet on the west side ofthe centerline,
Thirty-four (34) feet on the
east side of the centerline.From Serrano Avenue to Taft
Avenue Shall have a width of one hundred ten (110)
feet;Fifty (50) feet on the west side of
the centerline,Sixty (
60) feet on the east side
ofthe centerline.B. Chapman Avenue:From Grand Street
to Atchison Street Shall have a
width of sixty-six (66) feet.From Grand
Street to Tustin Street Shall have
a width of eight-six (86) feet.From
Atchison
Street to Clark Street Shall have
a width of seventy-six (76) feet.From
Clark Street to Main
C. Glassell Street:
From La Veta Avenue to Almond Avenue
Shall have a width of eighty-six (86)
feet.From Almond Avenue to Maple
Avenue Shall have a width of sixty-six (
66) feet.From Maple Avenue to
Collins Avenue Shall have a width of eighty-
six (86) feet.D.
La Veta Avenue:From Shaffer Street
to Orange Street Shall have a width of
sixty (60) feet;Thirty (30) feet on the north
side of centerline,Thirty (30) feet on the south
side of centerline.From Orange Street
to Glassell Street Shall have a width varying from seventy (70) feet at Orange Street to eighty (
80)
feet at Glassell;Forty (40) feet on the north
side of centerline,Thirty (30) to forty (40) feet on the south
side of centerline.From the AT &SF Railroad
to Parker Street Shall have a width of
ninety (90) feet;Fifty (50) feet on the north
side of centerline,Forty (40) feet on the south
side of centerline.From Parker Street
to Batavia Street Shall have a width of one
hundred (100) feet;Fifty-five (55) feet on the
north side of centerline,Forty-five (45) feet on
the
south side of centerline.r-From Batavia Street to four hundred fifty (450)
feet west of Batavia Street Shall have a width of
one hundred ten (110) feet;Sixty-five (65) feet
on the north side of centerline,Forty-five (45)
feet on the south
From four hundred fifty (450) feet west of Batavia Street to seven hundred forty (740)
feet west of Batavia Street
Shall have a width varying from one hundred fifteen (115) feet at four hundred fifty (450)
feet west of Batavia Street, to one hundred (100) feet at seven hundred forty (740) feet
west of Batavia Street; -,Seventy (
70) to fifty-five (55) feet on the north side of centerline,
Forty-five (45) feet on the south side of
centerline.From Main Street to three hundred (300) feet west of Main
Street Shall have a width varying from one hundred ten (110) feet at Main Street to one
hundred 100) feet at three hundred (300) feet west of Main
Street;Fifty (50) feet on the north side of
centerline,Sixty (60) to fifty (50) feet south of
centerline.E. Main
Street:From Orangewood Avenue to thirty (30) feet south of Maple
Avenue Shall have a width of one hundred (100)
feet;Forty (40) feet east ofthe
centerline,Sixty (60) feet west ofthe
centerline.From three hundred thirty (330) feet south of Maple Avenue to four hundred eighty (
480)feet south of Maple
Avenue Shall have a width varying from one hundred (100) feet to one hundred ten (110)
feet;Sixty (60) feet west of the centerline and varying on the west side of the centerline
from forty (40) feet at three hundred thirty (330) feet south of Maple Avenue to fifty (50)
feet at four hundred eighty (480) feet south of Maple
Avenue.From four hundred eighty (480) feet south of Maple Avenue to Chapman
Avenue Shall have a width of one hundred ten (110)
feet;Sixty (60) feet west of the
centerline,Fifty (50) feet east of the
centerline.From Chapman Avenue to four hundred (400) feet south of Chapman
Avenue Shall have a width of one hundred twelve (112)
feet;Sixty (60) feet west ofthe
centerline,Fifty-two (52) feet east of
the
centerline.From four hundred (400) feet south of Chapman Avenue to four hundred (400) feet
south of Almond
Avenue Shall have a width of one hundred (100)
feet;Forty (40) feet west ofthe
centerline,Sixty (60) feet east of the
centerline.10 MEB Ord.
From
four hundred (400) feet south of Almond Avenue to one hundred eighty (180) feet south
of Stewart Drive Shall
have a width of one hundred (100) feet to one hundred ten (110) feet.Varying
from sixty (60) feet west ofthe centerline at one hundred eighty (180) feet south of
Stewart Drive to seventy (70) feet west of the centerline at five hundred ninety-five
595) feet south of Stewart Drive. Forty (40) feet east side of the centerline.
From five hundred ninety-five (595) feet south of Stewart Drive to La Veta
Avenue Shall have a width of one hundred ten (110)
feet;Seventy (70) feet west of the
centerline,Forty (40) feet east ofthe
centerline.From La Veta Avenue to two hundred sixty (260) feet south of La Veta
Avenue Shall have a width of one hundred twenty (120)
feet;Seventy (70) feet west of the
centerline,Fifty (50) feet east of the
centerline.From two hundred sixty (260) feet south of La Veta Avenue to six hundred
fifty-five 655) feet south of La
Veta Avenue Shall have a width of one hundred twenty (120) feet to one hundred (100)
feet. Varying from seventy (70) feet west of the centerline at two hundred sixty (260) feet south
of La Veta Avenue to fifty (50) feet west of the centerline at six hundred fifty-
five (655) feet south of
La Veta Avenue,Fifty (50) feet
east ofthe centerline.F.
Nohl Ranch Road:From Maple Tree Circle to
East City Limits Shall have a width of
sixty (60) feet;Thirty-four (34) feet on the
west side ofthe centerline,Twenty-six (26) feet on the
east side of
the
centerline.G. Serrano Avenue:r From Cannon
Street to Mount McKinley Boulevard Shall have a
width of eighty-one (81) feet;Forty-four (44) feet
on the south side of the centerline,Thirty-seven (
37) feet on the
From Mount McKinley Boulevard to East City Limits
Shall have a width varying from eighty-one (81) feet to sixty-nine (
69) feet;Forty-four (44) feet to thirty-eight (38) feet on the south
side of the centerline,Thirty-seven (37) feet to twenty-five (25) feet
on
the north side
ofthe centerline.H. Wanda Road:From
Collins Avenue to Walnut Avenue Shall have a
width of fifty (50) feet.
12.52.026 Critical Intersections.The City Council has determined that the
following intersections require additional street right-of-way dedication to allow those
additional, special purpose traffic lanes necessary to accommodate the existing or anticipated traffic
demands at the intersections. To address this determination, the following
intersections have been designated Critical Intersections and incorporated into the Circulation Element of the City
of Orange General Plan adopted August 22,1989. The additional street right-of-
way required for the Critical Intersections is denoted on schematic plans of each intersection on
file in the Office of
the City Traffic Engineer:Tustin
Street and Lincoln Avenue Tustin
Street and Heim Avenue Tustin
Street and Meats Avenue Tustin
Street and Taft-Briardale Avenue
Tustin Street and Taft Avenue
Tustin Street and Katella Avenue
Tustin Street and Collins Avenue
Tustin Street and Walnut Avenue
Tustin Street and Chapman Avenue
Tustin Street and Fairhaven Avenue
Glassell Street and Lincoln Avenue
Glassell Street and Taft Avenue
Glassell Street and Katella Avenue
Glassell Street and Collins Avenue
Batavia Street and Lincoln Avenue
Batavia Street and Taft Avenue
Batavia Street and Katella Avenue
Batavia Street and Walnut Avenue
Main Street and Taft Avenue
Main Street and Katella Avenue
Main Street and Walnut-Orangewood Avenue Main
Street
and Chapman Avenue Main
State
College Boulevard and Orangewood Avenue State
College Boulevard and Walnut Avenue The
City Drive and Chapman Avenue The
City Drive and SR-22/Metropolitan Drive
The City Drive and SR-22 Freeway (Eastbound
Ramps)Santiago Boulevard and Lincoln Avenue-Nohl
Ranch Road Jamboree Road and Santiago
Canyon Road Jamboree Road and
Chapman Avenue Jamboree Road and Canyon
View Avenue Orangewood Avenue and
Eckhoff Street Chapman Avenue and
Lewis Street Chapman Avenue and
Metropolitan Drive Chapman Avenue and
SR-55 Freeway Chapman Avenue
and Yorba Street Chapman Avenue
and Prospect Street Chapman Avenue
and Hewes Street Chapman Avenue
and Cannon Street Santiago Canyon Road
and Cannon Street 12.52.030 Public
Infrastructure Improvements Required.A. Any owner, lessee or agent thereof who performs or causes to
be performed work involving the erection, construction, enlargement or change of use of any
building, structure or facility or causes alterations or repairs that will burden the adjacent
public infrastructure shall make
the
following improvements:
1.deteriorated; and Sidewalks or repair or replacement of existing sidewalks that
are broken or 2. Curbs and gutters or repair or replacement of existing
curbs and gutters that are broken
or deteriorated; and 3.
Roadway
pavement; and r 4. Driveway approaches, including repair or
replacement of existing driveway approaches that are broken or deteriorated and removal
of abandoned driveway approaches and replacement with standard curb, gutter
and sidewalks; and 5. Necessary
drainage facilities; and 6. Street trees or replacement of existing street trees as
determined by the Superintendent
of Street Trees.13
7. Underground-serviced street lighting system dedicated to the City,
as approved by the City Traffic
Engineer.B. Other provisions of this Section notwithstanding, the Director of Public
Works may require that sidewalks, curbs and gutters or driveway approaches determined to be broken or --
deteriorated shall be repaired or replaced, or appropriate bond posted, before the issuance of a
building permit for structural construction, repairs or modification including patios, spas and
swimming pools. Building or other construction permits to replace or repair roofs or to install
only fixtures, such as air and water heaters and air conditioning units, are specifically exempted
from the requirement of this paragraph.
12.52.040 City Approval of Improvements.
A. All public infrastructure improvements required under Section 12.52.030 shall be
designed and constructed in accordance with the standards of the Department of Public Works of
the City of Orange. The Director of Public Works may require that plans be prepared by a
registered civil engineer showing line and grade of the public improvements required to be
constructed by Section 12.52.030.
B. The public infrastructure improvements required under Section 12.52.030 shall be
complet,ed within the time specified by the Director of Public Works, including any extensions
approved in writing by the Director of Public Works.
C. Final building inspection shall not be authorized nor final release of utilities
issued until the requirements of this Section have been met to the satisfaction of the Director of
Public Vvorks.
12.52.050 Improvement Security Required.
A. The cost of public infrastructure improvements required by Section 12.52.030
shall be estimated in writing by the Director of Public Works and the cost of same shall be
secured by a form of improvement security to be posted by the owner, lessee or agent of the
property, prior to the issuance of the building permit or other applicable City approval. The
security shall be equal to the total estimated cost of the improvement plus 15% to cover the cost
of engineering and inspection. Said improvement security may be cash, surety bond or such
other form of instrument authorized by law and approved in advance for such purpose by the
Director of Public Works and the City Attorney.
B.
If the required public infrastructure improvements are not done or completed within
the time specified, the Director of Public Works is hereby authorized to have the required improvements
done and completed and to use any funds posted as security for said improvements
to reimburse the City for the costs of completing the work. In the event that a surety
bond is posted to guarantee construction, the Director of Public Works shall cause the 14
MEB Ord. 16-00
necessary steps to be taken to recover the funds from the individual or company which serves as
surety to reimburse the City for the costs of completing the improvements.
12.52.0tiO Payment in Lieu of Making Public Infrastructure Improvements.
Normally, the owner lessee or agent of the property will post the required security for the
public infrastructure improvements, obtain the building permit and then proceed with making the
improvements as the construction project for which the building permit was issued progresses.
When the construction project is completed and the improvements are done and accepted by the
City, th,e security is then released. There is an exception to this procedure, however, which
requires full payment ofthe estimated cost ofthe improvements instead.
The Director of Public Works may require full payment of the estimated cost of the
public infrastructure improvements when he has determined that the safe and orderly
development of the adjacent street can be accomplished best when the public infrastructure
improvements for more than just one lot are made or when allowing individual owners to make
the public infrastructure improvements as single lots are developed may create unsafe traffic,
drainag(:, or other problems.
In that case, the owner, lessee or agent of the property shall make full payment of the
estimated cost of the improvements to the City, which payment shall be maintained in a separate
fund. When the improvements can be made safely, the City will cause the improvements to be
made, financed in whole or in part with the money received from the various owners who have
contributed to that fund. When an owner, lessee or agent of the property pays the estimated cost
of improvements in full, he or his heirs, assigns and successors in interest to the property shall
not be required to make additional payments to accomplish the same improvements.
12.52.070 Exceptions to Requirements.
r--
A. The owner, lessee or agent of the property may request in writing to the Director
of Public Works that the requirements for dedication and improvements as provided in this
Chapter be excepted entirely or suspended in whole or in part. Such written request shall set
forth the reasons why enforcement of the requirements for dedication or improvements would be
impractical or impossible or cause extreme and undue hardship upon the owner, and shall be
based upon in-depth technical analysis pursuant to sound engineering principles, which
analysis demonstrates that said provisions may be reduced or eliminated. The Director of Public
Works shall notify the owner of his decision within ten (10) working days after receipt of the
written
request.B. If the Director of Public Works denies the owner, lessee or agent's request
for exception or suspension of the requirements of this Chapter, the owner, lessee or agent
may appeal that decision to the Planning Commission or City Council, as appropriate for the
project.15 MEB Ord.
C. When the Director of Public Works finds that a street upon or adjacent to which
the requi.red public infrastructure improvements are to be installed, varies sufficiently from the
future alignment or grade so that it would not be feasible to construct such improvements and
maintain access to the property, he may suspend the requirement for public infrastructure
improvements stated in Section 12.52.030. In that case, the Director of Public Works shall -require
the owner to enter into an agreement providing for the installation of the improvements at such
future time as may be feasible to construct such improvements in accordance with design line
and grade provided by the Department of Public Works. Performance under the agreement shall
be secured by a security posted in accordance with Section 12.52.050. The agreement shall run
with the land and shall be a binding obligation on the heirs, assigns and successors in interest of
the owner. Said agreement shall be notarized and recorded in the Office ofthe Orange County Recorder.
12.
52.080 Property Owner Maintenance of Certain Public Infrastructure Improvements.A.
Property Owner Maintenance Responsibility. Except as provided in subsection B,below,
property owners shall perform or cause to be performed all maintenance and repair of the following
public infrastructure improvements:1.
Any portion of a sidewalk, curb, gutter, bikeway, or City trail adjacent to property
owner's property, where said improvements are damaged due to property owner's action.2.
Any driveway approach apron leading into property owner's driveway.3.
Any parkway adjacent to property owner's property.4.
Private trails.B.
City Maintenance Responsibility. The City shall have the following maintenance and
repair obligations:1.
City trails, except those exempted by prior agreement.2.
Bikeways: surface and structural sections only.3.
Curbs and gutters.C.
For
purposes of this Title, the following words and phrases shall have the following meanings:
1. "Curb"
shall mean a concrete or asphalt edging which defines the edge of a paved public
street and may, but need not, provide drainage.16 MEB
Ord. 16-00
2. "Gutter" shall mean a depressed, hard-surfaced area for conveying
surface water, adjacent to a public
street.3. "Parkway" shall mean that area from the back of the curb to the edge
of the right-of-way, or if no curb exists, that area from the edge of the street to the edge
of
the right-of-way.4. "Private trail" shall mean any improved
or unimproved right-of-way for equestrian, bicycle or pedestrian purposes, which is not referenced
within the City's General Plan and its implementation documents, whether or not such
right-of-way is adjacent to a street.5. "Sidewalk"
shall mean any improved or unimproved pedestrian
walkway within
a right-of-way adjacent to a street."SECTION III: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
ofthe 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 anyone or more
sections,
subsections, sentences,
clauses or phrases be declared invalid or unconstitutional.SECTION IV: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 five (5) days prior to the City Council meeting at which
this Ordinance is adopted. A summary of this Ordinance shall also be published once within fifteen (15)
days after this Ordinance's passage in a newspaper of general circulation, published, and circulated 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 such adopted Ordinance along with the names of those City
Council members voting for and against the Ordinance in accordance with Government Code Section
36933. ThisOrdinance shall take effect thirty (30) days
from
and afte:r the date of its
final passage.r,ADOPTED
ATTEST:
of Orange
4?/~(J;:rAA'-4-d
Cassandra J. Cath , City Clerk of the City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, CASSANDRA J. CATHCART, 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 12th day of September, 2000, and thereafter at a regular meeting of said City
Council duly held on the 26th day of September, 2000, was duly passed and adopted by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: MURPHY I SLATER, MAYOR COONTZ I SPURGEON, ALVAREZ
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
CM~!L&A~
Cassandra J. Cathcfu't, City Clerk of the City of Orange
18
MEB Ord. 16-00