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ORD-07-82 STREET DEDICATIONS AND IMPROVEMENTS DELETING EXISTING CHAPTER 12.52ORDINANCE NO. 7- 82 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING CHAPTER 12. 52O:F THE ORANGE MUNICIPAL CODE BY DELET-ING THE EXISTING CHAPTER 12.52 IN ITS ENTIRETY AND A COMPLETELY REVISED CHAPTER 12.52 IS ADDED IN ITS PLACEj CONCERNING STREET DEDICATIONS AND IMPROVEMENTS.WHEREAS, the existing Chapter 12.52 is in need of extensive revision; and WHEREAS, the completely revised Chapter l2.52 includes all of the changes now needed j and WHEREAS, in addition, the completely revised Chapter 12.52 ex-pands the requirements for street dedications and improvements to include all zoning districts when the aggregate work involved in the erection, construction or enlargement of any building or structure exceeds 500 square feet or $6,000 in any twelve month period.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS:Section I:The existing Chapter 12.52 is hereby deleted in its entirety from the Orange Municipal Code.Section II:A completely-revised Chapter 12.52 is hereby added to the Orange Municipal Code to read as follows:Chapter 12.52 STREET DEDICATIONS Sections:12. 52.010 12. 52.020 12. 52.030 12. 52.040 12. 52.050 12. 52.060 12. 52.070 12. 52.080 12. 52. 090 Purpose Street Dedication Required Street Improvements Required City Approval of Improvements Improvement Bonds Required When Payment Instead of Making Improvements Required Street Width Exceptions Exceptions to Requirements Appeals 12.52.010 Purpose. The City Council has determined that it is appropriate to forbid the erection, construction or enlargement of bUildings or structures except where there is sufficient permanent access to an adequate public street. It is essential that e~ery structure within the City may be accessible to, emergency veh~cles.of the Fire and Police Departments and the veh~cle~ ofother p,": bl1.c agencies charged with the responsiblity of protect~ng the publ~c peace, safety and welfare. The purposes of requiring the existence and improvement of street frontages is to assure both the general PUblic and the particular lot owner reasonable access and reasonable treet travel; adequate police and fire protection; to permit the lng~ess and egress of public contractors and.agents: assure pro~e: '.dralnage controlj to protect pedestrians aga~nst hazardou~ cond~tlons,ssure a comprehensive plan of streetsi and to generally ~ mprove the welfare of the public 12.52.020 Street Dedication Required. No building permitshallbeissuedfortheerection, construction or enlargement of any building or structure (excepting spas and swimming pools) intheCityofOrangeforwhichaggregateworkperformedwithinanytwelve (12) month period exceeds five hundred (500) square feet inarea, nor for the alteration or repair within any twelve (12)month period for which work exceeds an aggregate of six thousanddollars ($6,000) valuation of any structure in the City of Orangeuntiltheownerofthelotonwhichthebuildingorstructureislocatedfirstdedicatesforpublicusethestreetright-of-way necessary on the arterial street system as adopted bythe "Master Plan of Streets, Orange California", or; if thestreetright-of-way is not designated on said Master Plan, thentoaminimurnultimatewidthofsixty (60) feet, unless the streetislistedinSection12.52.060 as subject to a width exception. The City Council may from time-to-tbue designatethewidth of certain streets by precise plan.In addition, at eachintersectionofanarterialstreetinter-secting with any other street thereshallbededicationsoastoprovideacurblineradiusofnotlessthanthirty-two (32) feet.At intersections of otherstreetsthereshallbededicationsoastoprovideacurblineradiusofnotlessthanfifteen (15) feet.The Director of PublicWorksmayincreaseordecreasetherequire-ments stated in thisparagraphnotmorethantwentypercent (20%)because of unique concerns in certainpartsof the City, i.e. Old Towne Area.12.52.030 Street Improvements Required. Any owner, lessee or agent thereof who constructs or causes to be constructed within any twelve (12) monthperiodanybuildingorstructuretowhichaggregateworkperfor~medexceedsfivehundred (500) square feet of area, or causes alterationsorrepairswithinanytwelve (12) month period which workperformedexceedsanaggregateofsixthousanddollars ($6,000) valuationtoanybuilding or structure, shall make the following improvements:A. Sidewalks (except onlocalstreetsintheM-l or M-2Districts) or replacement of existing sidewalks that are broken or deterioratedj and B. Curbs and gutters; and C. Roadwaypavement; and D. Driveway approaches, including replacement of existing drivewayapproachesthatarebrokenordeterioratedandremovalofabandoneddrivewayapproaches and replacement with standard curb, gutter and sidewalks; and E. Necessary drainage facilities; and F. Street trees as approved by the Superintendent of StreetTrees.Other provisions of this Section notwithstanding, the Director ofPublicWorksmayrequirethatsidewalksordrivewayapproachesdeterminedtobeinadangerousconditionshallbereplaced, or appropriatebondposted, before the issuance of a buildingpermitforstructuralconstruction, repairs or modification including patios,spasandswimmingpools. Building or other construction pernlits to replace or repairroofsortoinstallonlyfixtures, such as airandwaterheatersandairconditioningunits, are 3- 12.52.040 City Approval of Improvements. All public i~provements required under Section 12.52.030 shall be designed andconstructedinaccordancewiththestandardsoftheDepartmentofPublic ~vorks of the City of Orange. The Director of Public WorksshallrequirethatplansbepreparedbyaregisteredcivilengineershowinglineandgradeofthepublicimprovementsrequiredtobeconstructedbySection12.52.030. Final building inspection shall not be authorized nor finalreleaseofutilitiesissueduntiltherequirementsofthisChapterhavebeencompliedwith. 12.52.050 Improvement Bonds Required. The cost of i~ provements required by Section 12.52.030 shall be estimated inwritingbytheDirectorofPublicWorksandthecostofsameshallbesecuredbyabondtobepostedbytheowner. The bond shallbeineachcaseequaltothetotalestimatedcostoftheimprovement.Said improvement bond may be cash, surety bond or such other formofinstrumentauthorizedbylawandapprovedforsuchpurposebytheDirectorofPublicWorksandtheCityAttorney. Whenever the required street improvements are not done orcompletedwithinthetimespecified, the Director of Public Worksisherebyauthorizedtohavetherequiredimprovementsdoneandcompletedandtouseanyfundspostedassecurityforsaidimprove-ments to reimburse the City for the costs of completing the work.In the event that a surety bond is posted to guarantee performance,the Director of Public Works shall cause the necessary steps to betakentorecoverthefundsfromtheindividualorcompanywhich serves as surety to reimburse the City for the costs of completingtheimprovements. l2.52.060 When Payment Instead of Making Improvements Required.Normally, the owner will post the required bond for the streetimprovements, obtain his building permit and then proceed with makingtheimprovementsastheconstructionprojectforwhichthebuildingpermitwasissuedprogresses. When the construction project iscompletedandthestreetimprovementsaredoneandacceptedby theCity, the bond is then released. There is an important exceptiontothisprocedure, however, which requires full payment oftheestimatedcostoftheimprovementsinstead. The Director of Public Works may require full payment of theestimatedcostofthepublicimprovementswhenhehasdeterminedthatthesafeandorderlydevelopmentoftheadjacentstreetcan beaccomplishedbestwhenmorethanthestreetimprovementsforonelotaremade. That is to say that allowing individual owners tomakestreetimprov~lents as the lots are developed may create unsafetrafficconditionsanddrainageproblems. The owner makes fullpaymentoftheestimatedcostoftheimprovements, obtains hisbuildingpermitandcompletestheconstructionproject. The money which the owner pays for the improvements is maintained inafundandwhenthein~rovements can be made safely, the City willcausetheimprovementstobemade, financed with the money receivedfromthevariousownerswhohavecontributedtothefund. When anownerpaystheestimatedcostofimprovementsinfull, he or hisheirs, assigns and Successors in interest shall not be required tomakeadditionalpaymentstoaccomplishthesameimprovements. 12.52.070 Street Width Exceptions. The dedication and improve-ment of streets listed in this Section shall be in accordance withthestreetwidthmeasuredfromthecenterlinestatedforeachsuchstreet. The streets subject to width exceptions are as follows:A. La Veta Avenue, from Glassell Street to the Santa AnaFreeway, shall have a width of seventy-eight feet to onehundredfeetasprovidedforbyPrecisePlanNo.7, adopted by CityCouncilResolutionNo. 1811.B. La Veta Avenue, from Glassell Street to CambridgeStreet,shall have a width of seventy-four feet to eighty feetasprovidedbyPrecisePlanNo. 12, adopted by the City Council ResolutionNo. 1864.c. Chapman Avenue, from the Plaza to TustinStreet, shall have a width of seventy-six feet to eighty-six feet as provided for by Precise Plan No.3, adopted bytheCity Council Resolution No. 1752.D. Chapman Avenue, from the PlazatoLemonStreet, shall have a width of seventy-six feet.E. Chapman Avenue, from LemonStreettoBitterbushStreet,shall have a width of eighty feet.F. Main Street, from La VetaAvenuetoChapmanAvenue, shall have a width of seventy-six feet.G. ~1ain Street, fromChapmanAvenuetoCollinsAvenue, shall have a width of eighty feet.H. Town and Country Road, shallhave a width of one hundred feet.I. Glassell Street, fromLaVetaAvenuetoAlmondAvenue,shall have a width of eighty-six feet.J. Glassell Street, from Almond Avenue to Maple Avenue, shall have a width of seventy-six feet.K. Glassell Street, from Maple Avenue to Collins Avenue,shall have a width of eighty-six feet.12.52.080 Exceptions to Requirements. The Director of Public Works may issue an exception or suspension in whole or in part to therequirementsstatedinthisChapterwherehehasdetermined that enforcement of said provisions would be impractical or impossible or cause extreme and undue hardship to the owner.A. When the Director of Public Works finds that a street or streets upon which the required improvements are to be installed,vary sufficiently fromthefuturegradethatitwouldnotbefeas-ibletoconstructsuchimprovements, he may suspend the requirement for street improvements s.tated in Section 12.52.030. The Director of Public Works shall require the owner to enter into an agreement providingfortheinstallationoftheimprovementsatsuchfuturetimeasmaybefeasibletoconstructsuchimprovementsinaccordancewith design grades provided by the Department of Public Works.erformance undertheagreementshallbesecuredbyabondpostedlnaccordancewithSection12.52.050, the agreement shall run with the land and shall be a binding obligation on the heirs,assignsandsuccessorsininterestoftheowner. Said agreement shall be notarized and may be recorded. The Director of Public Works may waive the requirement for the bond if he determines that the improvements are to occur so far in the future that to require a bond would be an unreasonable burden on the owner. If no bond istoberequiredtoassureperformanceunder the B. The owner may request in writing to the Director of PublicWorksthattherequirementsfordedicationandimprovementsasprovidedinthisQ1apterbeexceptedentirelyorsuspendedinwholeorinpart. Such written request shall set forth the reasons why enforcement of the requirements for dedication or improvements would be impractical or impossible or cause extremeandunduehardshipupontheowner. The Director of Public Worksshallnotifytheownerofhisdecisionwithinten (10) workingdaysafterreceiptofthewrittenrequest. l2.52.090 Appeals. ~1e requirements for dedications and improvements imposed by this Chapter shall be subject to thevarianceprocedureaspermittedinTitle17ofthisCode. section I I I : This Ordinance shall be published once within fifteen (15) daysafterispassageintheOrangeCityNews, a newspaper of generalcirculation, published and circulated in the City of Orange, and shall take effect thirty (30) days from and after the date of its final passage. ADOPTED this 15th day of June, 1982. ATTEST: c~~ g c~ro4ftnge STATE OF CALIFORNIA ) COUNTY OF ORANGE ) s s CITY OF ORANGE ) I, MARILYN J. 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 20th day of April, 1982 j amended first reading was waived at a regular meeting of said City Council on Hay 25, 1982 i and thereafter at a regular meeting of said City Council duly held on the 15th day of June, 1982, was duly passed and adopted by the following vote to wit: AYES: COUNCILMEN: SMITH, BARRERA, MAYOR BEAM, PEREZ, BEYER. NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE WITNESS my hand and seal this 16th day of June, 1982. Mar ilyn J ""ens ... ..... .... .... . City Clerk of the City of Orange 5- LEGAL NOTICE ORDINANCE NOANORDINANCEOFTHECITY1'"'0; LORAN~E AMENDING CHAPH:R 2.52MUNICIPALCODEBYTING1_, 'J-i i\! I E: N TI 0ACHAi" 1':J~ IS A OED 'Nrr"STFiEET. AND lMPROT~Origmal Copy on File in me CityClnrk',"::'SYNOPSIS: . 'u : ii Marilyn J.City News, June 23, 1982 Pub. OCN1 i' t II ti'",- t:"~..;r.;,*~Q-'l..\(''Y'e~'''-''~'.~'i'n'~.x~~'~' ~'M':.~iQ2; ct _'~ 114 & 'k4'J.." 'I ~.N';,.j:"~i'~"1.'-c.."":''"'''''''~~~''~"''Cilt'''''''';';~It;,-"''~'~'''-''''''~'''."...-,..~".',.."':)~~'enterprises, will be relatively slight. Therefore, the City Cou~cil finds thatduringthepreparationandconsideration ~f an ordlnance regulating the establishment of adult only enterprIses,an interim ordinance imposing a temporary moratorium is necessary to avoid substantially negatingtheeffectivenessofanyproposedmendmenttotheadult land use ordinance which might be enacted ln the near fu ture.