HomeMy WebLinkAboutORD-13-94 Amend Portions of Ch 12.52 Street DedicationsORDINANCE NO. 13-
94 AN ORDINANCE OF mE CITY
COUNCIL OF THE CITY OF ORANGE
AMENDING PORTIONS OF CHAPTER 12.52 OF
THE ORANGE MUNICIPAL CODE
RELATING TO STREET
DEDICATIONS.WHEREAS, safe and expeditious movement of vehicular and pedestrian traffic
is of primary importance in the City of Orange;
and WHEREAS, a critical element in achieving this objective is proper planning
and development of the street system;
and WHEREAS, the planning and design process of the City's street system
is constantly ongoing and refinements must occasionally be made in order to address
actual and projected changes in usage of the street system;
and WHEREAS, the City Traffic Engineer, in response to such changes,
recommends that amendments be made to the City's street dedication requirements contained
in Chapter 12.52 of the Orange Municipal Code in order to ensure the continued safe
and expeditious movement of vehicular and pedestrian
traffic.NOW mEREFORE, the City Council of the City of Orange does ordain
as
follows:SECTION
I:Sections 12.52.010, 12.52.020 are hereby amended to read as
follows:12.52.010 Purpose. - As the city's street and highway system 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 street and highway system, must also share in the responsibility for the
development and extension of the street and highway system.
This accommodation shall be achieved through the dedication, in fee simple or easement,
and improvement to prescribed standards of private property for the public use as streets
and highways, and the City Council has determined that they may forbid the erection,
construction, or enlargement of buildings or structures unless, when required within the
dictates of this Chapter, property and improvements for the development or extension of
the City Street and Highway System is provided.
12.52.020 Street Dedication Reauired. - On any property abutting an existing
or proposed street(s) no building permit shall be issued, no fmal building inspection
shall be authorized, and/orno authorization of occupancy, release of utilities,or
other applicable City approval shall be issued, for the erection, construction or enlargement
of any building or structure (excepting spas and swimming pools) in the City of
Orange for which the aggregate work performed within any twelve (12) month period exceeds
five hundred (500) square feet in area; nor for the alteration or repair within any twelve (
12) month period for which work exceeds an aggregate permit valuation of fifteen thousand
dollars ($15,000.00) or more until the owner of the lot on which the building or structure
is located or proposed to be located, 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.A. ArterialHil!:hwav -- as identified by Section 12.52.021 Arterial Streets and
HifIhwavs of the Orange Municipal Code and described by the Master Plan of
Streets and HifIhwavs as contained in the Circulation Element ofthe General Plan
of the City of OranfIe as adopted on August 22, 1989; or,
B. 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,
C. Street Width Exemption -- those streets or street sections thereof identified in Section
12.52.022 Street Width Exceptions; or,D.
Critical Intersections -- those street sections constituting the legs of a Critical Intersection as
identified in Section 12.52.023 Critical Intersections; or,E. 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,F.
American Disabilities Act -- special requirements as determined by the Director of Public
Works necesslU)' to complywithregulations concerning handicapped persons as
imposed by the State of California; and,G. Corner
Cut Offs -- each comer of an intersection dedication of sufficient street right-of-way
shall be required, as defmed in the Department of PublicWorks --Standard Plans
and Specifications -- Corner Cut om, 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 2
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 (50') foot
radius
curb return.Unless otherwise specified in Section 12.52.022 Street Width Exceptions;
or, special topographic conditions as defined byDepartment of Public Works - Standard Plans
and Specifications; or in relation to a Critical Intersection as defmed in Section 12.52.
023 Critical Intersections right-of-way dedication shall be
required equally and symmetrically from both sides of
a respective street.The provisions of this or succeeding Sections does not exempt
the possible requirement by the Director of Public Works for additional street dedication
necessary to implement 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.SECTION II:Sections 12.52.021, 12.52.022, and 12.52.023 are hereby
added as follows:12.52.021 Arterial Streets - The following Arterial Streets
and Highways are contained in the CirculationElement of theCity of Orange General Plan
as adopted in April, 1989. Dedication of right-of-way as indicated
is required commensurate with the respective street classification unless identified ( * ) as
an exception per Section 12.52.022 Street Dedication - ExemTJIions. Right-
of-way requirements for Critical Intersections as identified in Section 12.52.023 Critical
Intersections are in addition to
the requirements for Arterial Streets.A. AUGMENTED MAJOR HIGHWAY.
Eight travel lanes divided require
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. The City
Drive - SR-22 Freeway to 1-5 Freeway 4. State
College Boulevard - 1-5 Freeway to Orangewood Avenue 5.
Katella Avenue - Tustin Street to SR-55 Freeway 6. Orangewood
Avenue - West City Limits through SR-57 Freeway B.
MAJOR HIGHWAY. Six travel
lanes divided. Required right-of-way dedication of 120 feet.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
C. AUGMENTED PRIMARY. Six travel lanes divided. Required right-
of-way dedication of
100 feet.I. Chapman Avenue - The City Drive to Metropolitan
Drive 2. Chapman Avenue - SR-57 Freeway to Main
Street 3. Chapman Avenue - Yorba Street to Jamboree Road
4. Katella Avenue - SR-55 Freeway to Wanda Road
5. Santiago Canyon Road - Wanda Road to Jamboree Road 6.
LaVeta Avenue - West City Limits to Parker Street 7. Lincoln
Avenue - West City Limits to SR-55 Freeway 8. Lorna
Street - Via Escola Road to Santiago Canyon Road 9. Main Street -
SR-22 Freeway to Collins Avenue 10. Villa Park
Road - Wanda Road to East City Limits D. PRIMARY. Four travel
lanes divided. Required right-of-way dedication of 100 feet.I.
Chapman
Avenue - West City Limits to The City Drive 2. The City
Drive - Garden Grove Boulevard to SR-22 Freeway 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. Lorna Street - Via Escola Road
to Santiago Canyon Road 7. Main Street - Collins Avenue to Taft
Avenue 8. Newport Boulevard - South City Limits to Santiago
Canyon Road 9. Orangewood Avenue - SR-57 Freeway to Main Street
10. Town & Country Road - Main Street to Parker Street
II. Tustin Street - Lincoln Avenue to North City Limits E.
AUGMENTED SECONDARY. Four travel lanes divided. Required right-of-way
dedication of 80 feet.I. Chapman Avenue - Glassell Street
to Tustin Street 2. Chapman
Avenue - Main Street to Glassell Street 3. Glassell Street -
LaVeta Avenue to Collins Avenue 4. LaVeta Avenue - Parker
Street to Cambridge Street 5. Metropolitan Drive (Extension) - The
City Drive to North City Limits F. SECONDARY. Four
travel lanes. Required right-of-way dedication of 80 feet.I. Batavia
Street - LaVeta Avenue to Lincoln Avenue 2. Cambridge Street - South City
Limits to Meats Avenue 3. Canyon View Avenue - Chapman
Avenue to Jamboree Road 4. Collins Avenue - Wanda Road to
Eckhoff Street 5. Crawford Canyon Road - Newport Boulevard to Santiago
Canyon Road 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. Heim
Avenue - Canal Street to Tustin Street 4
11. Hewes Street - South City Limits to North City Limits 12.
LaVeta Avenue - Esplanade Street to Tustin Street 13. Lawson
Way - LaVeta Avenue to Town & Country Road 14. Lewis Street -
Metropolitan Drive to North City Limits 15. Nohl Ranch Road -
Santiago Boulevard to East City Limits 16. Orange-Olive Road - Taft
Avenue to Lincoln Avenue 17. Parker Street - South City
Limits to La Veta Avenue 18. Prospect Street - SouthCity Limits
to Collins Avenue 19. Riverdale Avenue - Glassell Street to East
City Limits 20. Serrano Avenue - Lorna Street to East City
Limits 21. Spring Avenue - Prospect Street to Hewes Street 22.
Taft Avenue - Tustin Street to East City Limits 23.
Via Escola Road - Meats Avenue to Lorna Street 24. Walnut
Avenue - Main Street to Glassell Street 25. Yorba Street - South
City Limits to Chapman Avenue 26. Yorba Street - Chapman
Avenue to Walnut Avenue G. SECONDARY. Four travel lanes and
bicycle lane. Required right-of-way dedication of 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 60 feet.1. Canal Street - Meats Avenue
to Heim Avenue 2. Eckhoff Street - Chapman Avenue
to Sycamore Avenue 3.
Flower Street - LaVeta Avenue to Chapman Avenue 4. Main
Street/Grove Avenue - Taft Avenue to Batavia Street 5.
Spring Avenue - Hewes Street to Rancho Santiago Boulevard 6.
Sycamore Avenue - Eckhoff Street to Main Street 7. Villareal Drive - Santiago
Boulevard to North City Limits 8. Wanda Road - Collins Avenue
to Walnut Avenue I. COMMUTER ROAD. Two travel lanes
and bicycle lanes. Required right-of-way dedication of 66
feet.1. Rancho Santiago Boulevard - Chapman Avenue to Meats
Avenue 2. Taft Avenue - Sycamore Avenue to Lorna Street 5
12.52.022 Street Dedication Exemotions. - The following streets have right-of-
way dedication requirements that differ from the requirements specified in Section
12.52.021 Arterial Streets and Highwavs. These streets and requirements are:
A. 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 eighty-six (
86') feet.From Atchison Street to
Clark Street,Shall have a width of seventy-
six (76') feet.From Clark Street
to Main Street,Shall have a width of
eighty (80') feet.B.
CRAWFORD CANYON ROAD:From Cliffway Drive to 1280 feetnorth of
Cliff way Drive,Shall have a width of seventy-five (75') feet.
Forty-one (41') feet on the west side ofthe centerline and thirty-
four (34') feet on
the east side
of the centerline.C. GLASSELL STREET:
From LaVeta 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 awidth
of eighty-six (86') feet.D.
HElM A VENUE:From Tustin Street to Canal Street,Shall have a width
of seventy-four (74') feet. Thirty (30') feet on the north side of
centerline and
forty-four (44') feet
on the south side of the centerline.E.
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 of the
centerline and twenty-
six (26') feet on the east
side of the centerline.F. LOMA STREET: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
G. SERRANO AVENUE:
From Lorna 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 and thirty-seven (37')
feet on the north side
of the centerline.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
and thirty-seven (37') feet to twenty-five (
25')feet on thenorth
side of the centerline.H. LA VETA A
VENUE:From the AT & SF Railroad to Parker Street,Shall have a width of
ninety (90') feet. Forty (40') feet on the south side of centerline and
fifty (
50') feet on the north side
of the 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 the centerline and
forty-five (45') feet on the south side of the
centerline.From Batavia Street to 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 the
centerline and forty-five (45') feet on the south side of the centerline.From
450 feet west of Batavia Street to 740 feet west of Batavia Street,
Shall have a width varying from one hundred ten (110') feet
to one hundred (100') feet. Tapering from seventy (70') feet north of
the centerline at four hundred fifty (450') feet west of Batavia Street, to
fifty-five (55') feet north of the centerline at
740 feet west of Batavia Street, and forty-five (45') feet south
of the centerline.From Main Street to three hundred (300') feet west of
Main Street,Shall have a width varying from one hundred ten (110') feet
to one hundred (100') feet. Sixty (60') feet to
fifty (50') feet
south of the centerline and fifty (50') feet north of the
centerline.I. MAIN STREET:From Orangewood Avenue to thirty (30') feet south of
Maple Avenue,Shall have a width of one hundred (100') feet.
Forty (
From 330' (feet) south of Maple Avenue to 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 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 and fifty (50') feet east of the centerline.
From Chapman Avenue to 400' (feet) south of Chapman Avenue,
Shall have a width of one hundred twelve (112') feet. Sixty (60')
feet west of the centerline and fifty-two (52') feet east of
the
centerline.From 400' (feet) south of Chapman Avenue to 400' (feet) south of
Almond
Avenue,Shall have a width of one hundred (100') feet. Forty (40') feet
west of the centerline and sixty (60') feet east of the
centerline.From 400' (feet) south of Almond Ave. to 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 of the 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 595' (feet) south of Stewart Driveto La
Veta Avenue,Shall have a width of one hundred ten (110') feet. Seventy (
70') feet west of the centerline and forty (40') feet east of
the centerline.From LaVeta Avenue to 260' (feet) south of
LaVeta Avenue,Shall have a width of one hundred twenty (120') feet.
Seventy (70')feet west of the centerline and fifty (50') feet east of
the centerline.From 260' (feet) south of LaVeta Avenue to 655' (feet) south
of
LaVeta 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 LaVeta Avenue to
fifty (50')feet west of the centerline at six hundred fifty-five (
655') feet south of LaVeta Avenue. Fifty (50') feet east
of
J. WANDA ROAD:
From Collins Avenue to Walnut Avenue,
Shall have a width of fifty (50') feet.
Section 12.52.023 Critical Intersections. - The City Council has detennined 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 detennination
the following intersections have been designated Critical Intersections and incorporated
into the Circulation Elementof the City ofOramle General PlanadoDtedAuf!Ust 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 Street and LaVeta Avenue State
College Boulevard and Orangewood Avenue State
College Boulevard and Walnut Avenue The
City Drive and Chapman AvenueThe City
Drive and SR-22/Metropolitan Drive The City
Drive
Santiago Boulevard and Lincoln Ave.-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 Crawford Canyon
Road Santiago Canyon Road and Loma Street-
Cannon Street
SECTION III:Sections 12.52.070 and 12.52.080 are hereby amended to read
as follows:12.52.070 Exceptions to Reauirements. - The Director of Public
Works may issue an exception or suspension in whole or in part to the requirements stated in
this chapter where he has determined that enforcement of said provisions would
be impractical or impossible or cause extreme and undue hardship to the owner, or
where said Director has determined that said provisions may be reduced or eliminated,
based upon proper, in-depth technical analysis pursuant to sound
engineering principles prepared by an applicant which analysis has been reviewed and approved
by the Department of Public Works and which analysis demonstrates that said
provisions may be reduced
or eliminated.A. When the Director of Public Works finds that a street or streets upon
which the required improvements are to be installed, varies sufficiently from the
future grade so that it would not be feasible to construct such improvements
and maintain access to the property, he may suspend the requirement for
street improvements stated in Section 12.52.030. 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 grades provided by the
Department of Public Works. Performance under the agreement shall be secured by
a bond 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 may be recorded in
the Office of the Orange County Recorder. The Director of Public Works may
waive the requirement for the bond ifhe determines that the improvements are to
occur
far in the future that to require a bond would be an unreasonable burden on the
owner. If no bond is to be required to assure performance under the agreement,
then the agreement shall be recorded in the Office of the Orange County Recorder.
B. The owner 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. The Director of Public Works shall notify the owner of
his decision within ten (10) working days after receipt of the written request.
12.52.080 Appeals. - The requirements for dedications and improvements imposed
by this chapter shall be subject to the variance procedure as permitted in Title 17 of
this Code.SECTION
IV:Section
12.52.090 is hereby deleted.SECTION
V: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 to be 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. This Ordinance shall take effect thirty (30) days from and after the date
of its final passage.Adopted
this l2tlday of Julv , 1994.By:
ArrEST:
AA'~
a/JP4/p'/~City
Clerk o~ e CitVo0:frange11
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF ORANGE )
I, MARILYN 1. JENSEN, 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 llitday of June, 1994, and thereafter at the
regular meeting of said City Council dilly held on the .J.2.tI+ day of Julv , 1994,
was duly passed and adopted by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
SPURGEON, BARRERA, COONTZ, MURPHY
NONE
MAYOR BEYER
NONE
J1~A.(T-~9'~City
Clerk of Citx 0 ge 12