ORD-12-85 REQUIRES DEDICATION OF ADDITIONAL WIDTHS FOR STREET RIGHT OF WAY PURPOSES AT CERTAIN INTERSECTIONS ALONG TUSTIN STREETORDINANCE NO. 12-
85 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING SECTION
REVISING CHAPTER 12.52 OF THE ORANGE MUNICIPAL
CODE TO REQUIRE DEDICATION OF ADDITIONAL
WIDTHS FOR STREET RIGHT-OF-WAY
PURPOSES AT CERTAIN INTERSECTIONS ALONG TUSTIN
STREET IN THE
CITY OF ORANGE.WHEREAS, Tustin Street constitutes a
major traffic arterial highway in the City
of Orange: and WHEREAS, a portion of this street from
Katella Avenue to Lincoln Avenue lies within the redevelopment
project area known familiarly as the Orange
Mall Redevelopment: and WHEREAS, the increasing urbanization of the
City of Orange together with redevelopment, promises to impose
further demands on the needs for traffic circulation in this area
and all along
Tustin Street; and WHEREAS, the City Council has determined
that traffic demands would appear to be especially severe along
Tustin Street: and WHEREAS, such special traffic demands dictate
the need for additional street widening at intersections
described herein along Tustin Street in order to accommodate
the especially intense traffic demands expected as a result
of urbanization
and redevelopment; and WHEREAS, the Council has determined that it is
just and proper that all property owners be advised of
these additional street width requirements in and about the
intersections with Tustin Street herein described and the City Council has
heard from all interested and affected property owners
along Tustin Street.NOW, THEREFORE, BE IT HEREBY ORDAINED by the
City Council of the City of Orange that the following revisions
be enacted to Chapter 12.52 of the Orange Municipal
Code
governing street
dedications:SECTION I:Chapter 12.52 is hereby repealed and the new
Chapter 12.52 will
read
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
Chapter12.52 STREET
DEDICATIONS 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 every structure within the City
may be accessible to emergency vehicles of the Fire and
Police Departments and the vehicles of other public 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 street travel;
adequate police and fire protection;to permit the ingress
and egress of public contractors and agents;assure proper drainage control;
to protect pedestrians against hazardous conditions; assure a
comprehensive plan of streets; to generally improve the welfare
of the public and neighborhood; and to improve capacity and
increase circulation in specific areas of the City which have
been impacted by development beyond the ability of the existing
street systeru of the adopted arterial street plan to accommodate
and therefore require enhancement to special standards.12.52.
020 Street
Dedication Required. No building permit 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 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 of six thousand dollars ($6,000) valuation
of any structure in the City of Orange until the owner of
the lot on which the building or structure is located first dedicates for
public use the street right-of-way necessary on
the arterial street system as adopted by the "Master Plan of
Streets, Orange, California"; City of Orange Master Plan of Highways
Analysis, dated May 19, 1983; Tustin Street Redevelop-ment Project;
Environmental Impact Report for the Tustin Street Redevelopment Project;
Environmental Impact Report for the Tustin Street Redevelopment
Plan, SCH# 83082417, dated November 1983; or,if the
street right-of-way is not designated on said Master Plan,
then to a minimum ultimate width of sixty (60) feet, unless the
street is listed in Section 12.52.060 or any of the aforementioned
reports or plan as subject to a width exception.
Ord. No. 12-85 2 -
The City Council may from time to time designate the width of
certain streets by Precise Plan.
In addition, at each street intersection there shall be
dedication so as to provide a curb line radius of not less than
thirty-two (32) feet and, at intersections requiring
specific enhancement, additional dedication, as required by the Director
of Public Works to provide for turning and merging movements for
a distance of approximately three hundred fifty (350) feet from
the center of the intersection, in all directions from
the intersection. The Director of Public Works may require
additional dedication when needed to comply with regulations
concerning handicapped persons imposed by the State of California.
Further,the Director of Public Works may increase or decrease
the requirements stated in this paragraph to not less than a
twenty-five (25) foot nor greater than a fifty (50) foot curb
radius,because of unique concerns in certain parts of the City (e.g.
Old Towne, Tustin Redevelopment Area, Tustin TSIP [Area B] of City
of Orange Master Plan of Highways Analysis, dated May 19,
1983).12.52.030 Street Improvements Required. Any owner,
lessee or agent thereof who constructs or causes to be constructed
within any twelve (12) month period any building or structure to
which aggregate work performed exceeds five hundred (500) square
feet area, or causes alterations or repairs within any twelve (
12)month period which work performed exceeds an aggregate of
six thousand dollars ($6,000) valuation to any building or
structure,shall make the following
improvements:A. Sidewalks (except on local streets in the M-l
or M-2 Districts) or replacement of existing sidewalks that
are broken
or deteriorated; and B. Curbs
and gutters; and C.
Roadway pavement; and D. Driveway approaches, including
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 E. Necessary
drainage facilities; and F. Street trees as approved by the
Superintendent
of Street Trees.Other provisions of this Section
notwithstanding, the Director of Public Works may require that sidewalks
or driveway approaches determined to be in a dangerous condition shall
be replaced, or appropriate bond posted, before the issuance of
a building permit for structural construction, repairs
or modification including patios, spas and swirruning 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. All public iluprovements 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, shall require that plans be prepared by
a registered civil 3 -Ord. No.
L_
engineer showing line and grade of the public improvements
required to be constructed by Section 12.52.030.
Final building inspection shall not be authorized nor final
release of utilities issued until the requirements of this Chapter
have been met.
12.52.050 Improvement Bonds Required. The cost of
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 bond to be posted by the owner. The bond shall be
in each case equal to the total estimated cost of the improvement.
Said improvement bond may be cash, surety bond or such other form
of instrument authorized by law and approved for such purpose by
the Director of PUblic Works and the City Attorney.
Whenever the required street 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 improve-
ments to reimburse the City for the costs of completing the work.
In the event that a surety bond is posted to guarantee construc-
tion, the Director of Public Works shall cause the 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.
12.52.060 When Payment Instead of Making Improvements
Required. Normally, the owner will post the required bond for the
street improvements, obtain his 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 street improvements are done and
accepted by the City, the bond is then released. There is an
important exception to this procedure, however, which requires
full payment of the estimated cost of the improvements instead.
TIle Director of Public Works may require full payment of the
estimated cost of the public improvements when he has determined
that the safe and orderly development of the adjacent street can
be accomplished best when more than the street improvements for
one lot are made. That is to say that allowing individual owners
to make street improvements as the lots are developed may create
unsafe traffic conditions and drainage problems. The owner makes
full payment of the estimated cost of the improvements which
payment shall be maintained in a fund, and when the improvements
can be made safely, the City will cause the improvements to be
made, financed with the money received from the various owners who
have contributed to that fund. When an owner pays the estimated
cost of improvements in full, he or his heirs, assigns and
successors in interest shall not be required to make additional
payments to accomplish the same improvements.
12.52.070 Street Width Exceptions. The dedication and
improvement of streets listed in this Section shall be in
accordance with the following street widths. The streets subject
to width exceptions are as follows:
Ord. No. 12-85 4 -r---
A. LA VETA AVENUE, from Glassell Street to the Santa Ana
Freeway, shall have a width of 78 feet to 100 feet as provided for
by Precise Plan No.7, adopted by City Council Resolution No. 1811.
B. LA VETA AVENUE, from Glassell Street to Cambridge Street,
shall have a width of 74 feet to 80 feet as provided by Precise
Plan No. 12, adopted by City Council Resolution No. 1864.
C. CHAPMAN AVENUE, from the Plaza to Tustin Street, shall
have a width of 76 feet to 86 feet as provided for by Precise Plan
No.3, adopted by City Council Resolution No. 1752.
D. CHAPMAN AVENUE, from the Plaza to Lemon Street, shall
have a width of 76 feet.
E. CHAPMAN AVENUE, from Lemon Street to Bitterbush Street,
shall have a width of 80 feet.
F. MAIN STREET, from La Veta Avenue to Chapman Avenue, shall
have a width of 76 feet.
G. MAIN STREET, from Chapman Avenue to Collins Avenue, shall
have a width of 80 feet.
H. TOWN AND COUNTRY ROAD, shall have a width of 100 feet.
I. GLASSELL STREET, from La Veta Avenue to Almond Avenue,
shall have a width of 86 feet.
J. GLASSELL STREET, from Almond Avenue to Maple Avenue,
shall have a width of 76 feet.
K. GLASSELL STREET, from Maple Avenue to Collins Avenue,
shall have a width of 86 feet.
12,52.071 Street width Exceptions at Special Intersections.
The dedication of street right-of-way for the
purpose of developing special intersection enhancement
of intersections listed in this section shall be in accordance with
the following street width for a maximum distance of 350 feet in
all directions from the intersection. The street intersections subject
to width exceptions are
as follows:A. TUSTIN STREET - HElM AVENUE; Tustin Street shall have
a width of 112 feet, and enhancement will only be developed on
the westerly side of the centerline of the street, Heim Avenue
shall have a width of 70 feet and enhancement shall be developed on
the southerly side of the centerline of the street, west of
Tustin
Street.
B.width
of
C.a
width
feet.D. TUSTIN STREET - COLLTNS AVENUE; Tustin Street shall have
a width of 124 feet, Collins Avenue shall have a width of 104
feet.
E. TUSTIN STREET - CHAPMAN AVENUE; Tustin Street shall have a
width of 124 feet, Chapman Avenue shall have a width of 100 feet west
of Tustin Street and shall have a width of 124 feet east of Tustin
Street but full enhancement of the intersection will only be
developed on the easterly side of the centerline of Tustin Street,
while enhancement of the intersection westerly of the centerline
of Tustin Street shall occur only along the Tustin Street
frontage.TUST1N
STREET - MEATS AVENUE; Tustin Street shall have a 114 feet,
Meats Avenue shall have a width of 104 feet.TUSTIN STREET -
KATELLA AVENUE; Tustin Street shall have of 124 feet,
Katella Avenue shall have a width of 124 5 -Ord. No.
12-85
l
12.52.080 Exceptions to Requirements. 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 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 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.12.52.090 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
II:A summary of this Ordinance shall be published and a
certi-fied 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 Ord. No. 12-85 6 -
I
J
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 21 st day of May 1985.
ATTEST:
174Wj~ fie ~City Cle of he ity of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
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 14 th day of May , 1985, and thereafter at a
regular meeting of said City Council duly held on the 21 st day
of May , 1985, was duly passed and adopted by the
following vote, to wit:
AYES:COUNCILMEN: BARRERA, MAYOR BEAM, PEREZ, BEYER
NOES:COUNCILMEN: NONE
ABSENT:COUNCILMEN: SMITH
9~
Ci ty Cler of tiH""e C' y of Orange
Ord. 12-85 7 -