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HomeMy WebLinkAboutORD-09-96 Amend Ch. 15.41 Transportation Systems Improvement ProgramORDINANCE NO. 9- 96 AN ORDINANCE OF mE CITY COUNCIL OF THE CITY OF ORANGE AMENDING CHAPTER 15.41 OF THE ORANGE MUNICIPAL CODE RELATING TO THE TRANSPORTATION SYSTEMS IMPROVEMENT PROGRAM.WHEREAS, the City recently undertook a complete review of the Transportation Systems hnprovement Program ("TSIP"); and WHEREAS, The City has determined the need to revise the TSIP in light of new funding sources and to maintain a reasonable relationship between the traffic impacts caused by new development and the TSIP fees assessed against such new development; and NOW, mEREFORE, the City Council of the City of Orange does ordain as follows:SECTION I:Chapter15.41 of the Orange Municipal Code is deleted in its entirety and replaced with the foUowing:CHAPTER 15. 41 TRANSPORTATION SYSTEMS IMPROVEMENT PROGRAM Sections:15.41. 08015.41. 09015.41. 100 Purpose. Fee.Building Permits and Conditional Use Permits Requiring Payment of Fee. Applications.Expenditure Authorization.Boundaries of Transportation Systems Improvement Areas and Fee Rates.Establishment and Adjustment of Transportation Systems hnprovement Program Base Fee Rates.Special Provisions and Fees.Special Procedures and Documentation.Redevelopment Agency Assistance.15.41. 01015.41. 02015.41. 030 15.41. 04015.41. 05015.41. 060 15.41. 15.41.010 Puroose. The purpose of the Transportation Systems Improvement Program ("TSlP") is to identify and designate those areas where the transportation system may experience a significant reduction; in the level of service unless corrective measures of a nature and cost beyond the City's ability to provide are instituted concurrent with increased transportation demands. Fees collected for building projects, improvements and changes in a structure or facility use on properties in a TSlP Area shall be used to improve the transportation system within that Area and for improvements outside that Area when the City Council determines that these improvements will substantially benefit the transportation system within the Area. Implementation of this Ordinance shall be in accordance with the administrative policies and procedures of the Public Works Department. 15.41.020 Fee. In addition to any other charges, there shall be a fee required as a conditioIll precedent to the issuance of certain building permits, Conditional Use Permits and variances for construction or improvements or use of those properties lying at least partially within any portion of the City of Orange designated by the City Council as a TSIP Area. Hospitals or other health facilities as set forth in Orange Municipal Code Section 17.92.01OK, which are required to pay the fee as a condition of a Conditional Use Permit, shall pay the TSIP fee prior to approval of a project grading plan. When a property subject to the TSIP fee lies within the boundaries of two TSlP Areas, a single fee as described in Section 15.41.080, shall be charged and deposited within the account of each applicable TSlP Area in proportion to the street right- of-way existing in each respective TSIP Area.When a property subject to the TSIP fee lies within the boundaries of two TSIP areas and if there is a difference in the fees as described inSection 15.41.080, the greater single fee shall be charged and apportioned as described above.The Director of Public Works may require specific transportation system improvements to be made and additional street rights-of-way dedicated and improved as an immediate condition of development or redevelopment of property within the TSIP area. In this event, the cost of such improvements and street rights-of-way, upon verification of actual. cost by the Department of Public Works, shall be credited to the TSIPfee as determined inSections 15. 41.030 arid 15.41.080.15.411.030 Building Permits and Conditional Use Permits ReQuiring Pavment of Fee. The payment of a fee for the TSIP shall be required when the application indicates the following:A. A construction or improvement project which will result in an increase of floor, sales, storage, work or other usable area when one or more parcels of land lie wholly or PllI1ially within the boundaries of a TSIP Area. .B. A construction or improvement ' project that will increase traffic demand from and to the site of C. A change in facility use to a use which falls in a higher fee category. 15.41.040 Avvlications. TSIP fees shall be applied as follows: A. There shall be no fee for any addition or modification to an existing single family residence which shall continue to be used as a single family residence. B. Additional residential units constructed or created shall be subject to the full per unit base fee rate for the new additions only. C. Conversion of a single family residence in whole or in part to a non- residl:ntial use shall cause such conversion to be subject to the applicable fee rate. D. There shall be no fee for any tenant improvement to a non- residential buildJing provided there is no change to the structure or facility use, in whole or in part,to a higher traffic generating use.E. Non-residential outdoor sales and related activities, dining, or manufacturing areas, even though not improved by a structure, shall be subject to the applicable TSIP fee.F. An addition to an existing non-residential building shall be subject to the appropriate fee for the addition only.G. Construction of additional non-residential buildings shall be subject to the appropriate fee for the new construction only.H. An existing residential unit moved to a new lot shall be subject to the applil~able full TSIP fee. Any TSIP fee credit shall remain with the original parcel.I. A change in building or facility use, in whole or part, to a higher traffic-generating use shall cause the proportionate square footage to be subject to the appropriate fee rate. However, there shall be no fee when a building or facility is converted to a lower traffic-generating use.J. A change in a building or facility use, in whole or in part, to a higher traffi.c-generating use shall be subject to a fee equal to the difference between any fee previously paid and the fee rate for the higher traffic-generating use.K. There shall be no fee for the replacement of any building of the same or smaller size and use as the result of condemnation, fire, earthquake, flood or other acts of God or of the public enemy.L. Tempormy structures, trailers or facilities shall be subject to the appropriate base fee rate. Credit shall be given for subsequent removal to permit the construction of permanent facilities.M. A single fee, which represents the primary structure or facility use, shall be used to determine the required TSIP for the total structure or facility.N. Up to twenty-five percent ( 25%) of the floor area of general industrial structure facility on a parcel may be used for any combination of retail sales and/or officl~ provided it is accessory to the permitted use established on the parcel. The genelral industrial fee will apply to this area. Any floor area used for retail or office in excess of twenty-five percent ( 25%) shall be O. Credit to the TSIP may be allowed for structures that are demolished and removed from a property to permit the construction of new structures or facilities, provided: 1. The structure was usable and could be occupied after January 1, 1989. 2. The credit is limited to the amount of the TSIP fee for the replaced structure. 3. The credit for a replaced structure can only be taken once whether or not the fiill amount of the credit is used. 4. Any increase in square footage of the new structure or facility or conversion to a higher traffic generating use shall be subject to the applicable proportionate fee as provided for in this Chapter. It shall be the property owner or applicant's responsibility to apply for this credit and document any demolitions or removals, along with evidence that the structure was usable and could be occupied after January I, 1989. P. There shall be no fee exemption for projects or uses involving other governmental organizations or agencies, private schools, non-profit organizations,charitable organizations, churches, synagogues or City facilities.15.41.050 Exoenditure Authorization. Unless otherwise specified herein,expenditure: of TSIP funds shall require approval of the City Council.15.41.060 Boundaries of Transportation Svstems Improvement Areas and Fee Rates. Boundaries for each TSIP Area are as follows:Transportation Svstems Improvement Program Area" A": Area" A" includes generally that portion of the City of Orange adjacent to La Veta Avenue, Main Street and Town &Country Road. Area" A" also includes an adjacent portion of the City of Santa Ana. A map setting forth the specific boundaries of TSIP Area "A" is on file in the office of the Traffic Engineer.Transportation Svstems Improvement PrOgram Area "B": Area "B" includes that portion of the City of Orange westerly of the Costa Mesa (Route 55) Freeway, excepting therefrom any part of Area " A".Transportation Svstems Improvement Program Area "Co: Area "CO includes that portion of the City of Orange easterly of the Costa Mesa (Route 55) Freeway, including the 7,500 acre General Plan Amendment Area encompassed by the City of Orange and Irvine Company Annexation Agreement.Applicatiolll of Revised Transportation Svstems Improvement Fees: Fee fates revised by this Ordinance shall be used to determine TSIP fees for all building permits, conditional OrdNo. 9- conditinal use permits and variances approved after the effective date of this ordinance. 15.41.070 Establishment and Adiustment of Transoortation Svstems Imorove- ment ProllIam Fee Rates. The TSIP fee and fee categories shall be as established by the City Council by resolution in accordance with Government Code Section 66000 and any other applicable laws. Annually, the City Traffic Engineer shall review the fees and make recommendations for any adjustments. 15.41.080 Soecial Provisions and Fees. The City has identified certain uses that are wrique and of such special form as to make impractical or inequitable their inclusion into any general land use category. These uses are identified as being: 1. Special uses where the trip generation fate is substantially lower than that of the general land use category; 2. Uses where the addition ofa structure or additional floor area would not be expected to generate additional trip ends and should be exempted from the fee; and 3. Atypical uses with a disproportionate floor area square footage compared to trip ends generated. In order to provide an equitable fee assessment of these special uses, categories of special uses and fees shall be established by the City Council by resolution in accordance with Government Code Section 66000 and any other applicable laws. Annually, the City Traffic Engineer shall review the fees and make recommendations for any adjustments. A. Uses Subject to Fee Exemption. The following additional floor areas may not generate additional trip ends to a facility use and require payment of fees. If in the opinion of the City Traffic Engineer no additional trip ends will be generated on a continuing basis, the fees may be waived. 1. Recreational rooms in a residential planned unit development, townhouse, condominium, etc. 2. Non-manned facilities such as equipment rooms, cellular telephone stations, pumping stations, switching stations, etc.3. Open air weather protection for existing areas of use or material storage.4. Support equipment such as conveyor platforms, etc.5. Parking structures 6. Restroom additions to an existing facility 7. Temporary trailers with a guaranteed removal date such as construction trailers, residential sales trailers, and temporary special event structures exarnple-Street Fair), etc.8. Outdoor lounges, patios or eating areas, provided they are accessory to and not an expansion of the permitted use established on the properly and not generally available to the public. Ord No. B Atypical Uses With a Disproportionate Floor Area Square Footage Compared to Trip Ends Generated. 1. Projects or facilities of this type are periodically encountered and require individual evaluation. In some use, the relationship between floor area and trips generated is unusually high or low. In other uses, trips may not be generated on a regular basis or schedule. Some examples are drive-in theaters, batch mix plants,auto/truck rental facilities, auction facilities, golf courses, used car lots, indoor arenas,sports and gymnastic training centers, etc. When, in the opinion of the City Traffic Engineer, individual evaluation is required, fees on these types of development shall be based on the approved base cost per trip end with the trip ends established through an approved traffic impact analysis.2. TSIP fee rates for projects, facilities or uses identified as being atypical, in accordance with this paragraph, shall be established by the City Council by resolution lmd shall be reviewed for adjustment by the City Council in the same manner as set forth in Section15.41.070 of this Chapter.15.41.090 Soecial Procedures and Documentation.A. Payment Plan:Payment of TSIP fees is normally due upon issuance of a building permit or as a condition of issuance of a conditional use permit or variance. Periodically, special circumstances may warrant a deferred payment or installment payment agreement so that the propose:d project may proceed. The Director of Public Works, in concurrence with the Finance Director, is hereby authorized to approve such agreements when an acceptable payment guarantee, such as a time certiflcate of deposit, can be secured, and when it is in the public's best interest.B. TSIP Fee Appeals There is hereby established an 'appeal procedure and appeal board to evaluate differences in application of the fee pet this Ordinance.1. Appeal of the TSIP fee shall be in writing to the City Traffic Engineer. The appeal shall clearly state the basis for the appeal and include payment of a $350.00 administrative appeal fee. Upon receipt of the above, an appeal hearing shall be scheduled as soon as possible, but in no event later than 30 days after receipt of the written appeal by the City.2. The appeal board shall' consist of the City Manager, the City Finance Director and the Director of Public Works or their designee. The Director of Public Works shall chair the meeting. Support staff may include representatives of the City Attomey, City Traffic Engineer and Planning Department as needed. All decisions by the appeal board are fmal unless further appealed to the City Council within 15 days of the issuance of a written decision by the appeal board.C. Periodic Program Review The TSIP shall be periodically reviewed by the City Traffic Engineer to evaluate the project list, project priorities and the applicability of the basic fee rates OrdNo. 9-% structure. The Director of Public Works/City Engineer shall submit a report based on the review to the City Manager for incorporation, as applicable, into the City of Orange Capital Improvement Program. 15.41.100 Redevelooment Agency Assistance. A. The Board of Directors of the Orange Redevelopment Agency may commit funds to the TSIP Area "B" in an amount necessary to subsidize commercial development in Area "B" to its then current basic fee rate. B. The Orange Redevelopment Agency staff shall submit an annual report to the Board of Directors defming the level of subsidy funding required for TSIP Area "B". C. The Board of Directors of the Orange Redevelopment Agency may authorize the Agency to subsidize non-residential development in TSIP Area " A".D. Every five years, commencing with the adoption of the TSIP, the City Manager shall submit a report to the Board of Directors of the Orange Redevelopment Agenl~y and recommend the funding level of participation by the Agency in the TSIP."SECTION II:Severability. If any provision of this chapter is held to be invalid and of no force and effect, such invalidity shall not effect other provisions of this chapter which can be enfor'~ed without the invalid provision and to this degree, the provisions of this chapter are se: verable.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 five 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 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. This Ordinance shall take effect 30 days from its date of final passage.Adopted this nth day of February 1996. d i .1/ //,) 1 i _~M~:or~;-Ci-;Y/~~~:? )'7 '-' L.../' 7 ATTEST: tJ~~,d City Clerk of the 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 13th day of February , 1996, and thereafter at a regular meeting of said City Council duly held on the nth day of February , 1996, was duly passed and adopted by the following vote, to wit: AYES:COUNCIL MEMBERS: MURPHY, BARRERA, MAYOR COONTZ, SPURGEON, SLATER NOES:COUNCIL MEMBERS: NONE ABSENT:COUNCIL MEMBERS: NONE Ck~A".//#~/'.lA7 City Clerk of tie City of Orange Ord. No. 9- 96 DAD: dg shdatalord/96/ 9-