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ORD-26-83 CONCERNING THE TRANSPORTATION SYSTEMS IMPROVEMENT PROGRAM CONCERNING CONDITIONAL USE PERMITS REQUIRED FIR HOSPITALS AND OTHER HEALTH FACILITIES57 ORDINANCE NO. 26- 83 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE DELETING SECTION 15.40. 050 FROM THE ORANGE MUNICIPAL CODE AND ADDING CHAPTER 15.41 CONCERNING THE TRANSPORTA-TION SYSTEMS IMPROVEMENT PROGRAM AND AMEND-ING SECTIONS 17.54.030 AND 17.92.010 CON-CERNING CONDITIONAL USE PERMITS REQUIRED FOR HOSPITALS AND OTHER HEALTH FACILITIES.AMENDMENT NO. 1-83 CITY OF ORANGE WHEREAS, the City Council adopted Ordinance No. 10-82 on April 27,1982, which established the Transportation Systems Improvement Program which requires the payment of a special fee in certain designated areas,presently one, where the transportation system may experience a signi-ficant reduction in the level of service unless corrective measures are instituted concurrent with increased transportation demands; and WHEREAS, Ordinance No. 10-82 requires that the special fee shall be paid before a building permit shall be issued; and WHEREAS, the California Hospital Seismic Safety Act of 1983 provides that the Office of Statewide Health Planning and Development shall be responsible for the enforcement of building standards relating to hospi-tals and other health facilities, which means cities and counties will no longer issue building permits for these facilities; and WHEREAS, the provisions of this Ordinance are intended to insure that hospitals and other health facilities continue to contribute their fair share to improving the transportation system since they will con-tinue to reap the benefits thereof.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS:SECTION I:Amend Chapter 15.40 of the Orange Municipal Code by deleting there-from Section 15.40. 050 in its entirety.SECTION II:Add Chapter 15.41 to Title 15 of the Orange Municipal Code 58 CHAPTER 15.41 TRANSPORTATION SYSTEMS IMPROVEMENT PROGRAM: Sections: 15.41.010 15.41.020 15.41.030 15.41.040 15.41.050 Purpose Fee Building Permits and Conditional Use Permits Requiring Payment of Fee Exemptions Boundaries of Transportation Systems Improvement Areas and Fee Rates 15.41.010 Purpose. The purpose of the Transportation Systems Improvement Program is to identify and designate those areas where the transportation system may experience a significant reduction in the level of service unless corrective measures are instituted con- current with increased transportation demands. Fees collected for building projects and improvements on properties in a Transportation Systems Improvement Program Area shall be used to improve the trans- porlation system within the Area and for improvements outside the Area when these improvements will sUbstantially benefit the trans- portation system within the Area. 15.41.020 Fee. In addition to any other charges, there shall be a special fee required as a condition precedent to the issuance of certain building permits and Conditional Use Permits 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 Transportation Systems Improvement Program Area. A Conditional Use Permit for a hospital or other health facility as set forth in Orange Municipal Code Section 17.92.010K may require an obligation to pay the special fee as a condition of issuance. 15.41.030 Permits and Conditional Use Permits Re uirin Payment 0 Fee. T e payment 0 a spec1al ee or t e Transportat1on Systems Improvement Program shall be required when the application indicates the following: A. A construction or improvement project which will result in an increase of floor area which is one or more parcels of a of land which lie wholly or partially within the boundaries of a Transportaion Systems Improvement Program Area; and B. The estimated cost of the proposed construction or improvement, as determined by the Building Official, will exceed $10,000. For pur- pose of this Section, the valuation per square foot shall not exceed that listed in the latest edition of Building Standards Magazine con- taining a Building Valuation Data Chart. For projects which require a City building permit, the special fee shall be paid before the building permit is issued. For hospitals and other health facilities projects which require a Conditional Use Permit, a requirement obligating the applicant to pay the special fee before the project grading plan is approved shall be imposed as a condition for issuance of the Conditional Use Permit. Ord. 26-83 59 15.41.040 Exemptions. The following construction and improvement projects are exempt from the requirements of this Chapter. A. Construction of single-family residential units and accessory structures to be constructed on parcels in any Single- Family R-l District.B. Tenant improvements and maintenance work which will not increase the floor area of existing structures or does not result in an increase of traffic volume.15.41.050 Boundaries of Transportation S~stems Improvement Areas and Fee Rates. Maps specifically descr1bing the boundaries of each Transportation Systems Improvements Program Area are on file in the Office of the City Clerk. The special fee required to be paid and a general description of the boundaries of each Transportation Systems Improvement Area are as follows:Trans ortation S stems 1m "A":Fee: One percent ( %) 0 construc- tion or improvement.General Description: More than 90% of Area " A" lies south of Culver Avenue between Flower Street on the west and the Santa Fe Railroad right-of-way on the east. The Garden Grove Freeway is the southerly boundary, except south of said Freeway between Main Street and the Santa Fe Railroad right-of-way where the Orange City limits line is the southerly boundary.The only properties in Area " A" which are not south of Culver Avenue, are those lots immediately adjacent to Main Street ex-tending north to Chapman Avenue and several blocks east of Main Street where Palmyra Avenue forms the northern boundary of Area "A", instead of Culver Avenue. Refer to the map on file in the Office of the City Clerk to determine precise boundary lines. Copies of this map are maintained by the Building Official and the Traffic Engineer.SECTION III:Amend Section 17.54.030 of the Orange Municipal Code by deleting therefrom the following subsections:H. Health facilities, long-term non-profit;I. Hospitals, non-profit;SECTION IV:Amend Section 17.92.0l0 of the Orange Municipal Code by adding Subsection K to read as follows:K. Hospitals and other health facilities as defined in the Hospital Seismic Safety Act of 1983, California Health IL__._60 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 the Orange City News, 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 9th Orange Attest:Mi~ City Cler~f e ~ ty ofOrangeSTATEOFCALIFORNIA COUNTY OF ORANGE ss CITY OF ORANGE I, MARILYN J. JENSEN, City Clerk of the City of Orange, Califor-nia, do hereby certify that the foregoing ordinance was introduced at the regular meeting of the City Council held on the 26th day of Jul~ ' 19~, and thereafter at a regular meeting of said City Counc~l duly held on the 9th day of Auqust , 1983, was duly passed and adopted by the following vote, to wit: --AYES:' COUNCILMEN: BARRERA, MAYOR BEAM, PEREZ, BEYER NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: SMITH WITNESS my hand and seal this lOth day of August 1983.y~t'~-'~Marilyn J. ense City Clerk of the City of Orange 4 -