ORD-29-84 ESTABLISH TRANSPORTATION SYSTEMS IMPROVEMENT PROGRAM AREA B FOR TUSTIN STREET AND TRANSPORTATION SYSTEMS IMPROVEMENTORDINANCE NO. 29-
84 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER 15.
41 OF THE ORANGE MUNICIPAL CODE TO
ESTAB-LISH TRANSPORTATION SYSTEMS
IMPROVEMENT PROGRAM AREA "B" FOR TUSTIN STREET
AND TRANSPORTATION SYSTEMS IMPROVEMENT
PRO-GRAM AREA "c" FOR KATELLA
AVENUE.WHEREAS, the purpose of the Transportation
Systems Improvement Program is to identify and designate those
areas of the City where the transportation system may
experience significant reduction in the level of service unless
correc-tive measures are instituted concurrent with
increased transportation demands;
and WHEREAS, fees collected for building projects
and improvements on properties in a Transportation
Systems Improvement Program Area shall be used to improve the
trans-portation system within the Area;
and WHEREAS, after a duly-held public hearing,
the City Council approved the recommendation of the
Traffic Engineer to create additional Transportation
Systems Improvement Program Areas for parcels adjacent to or which
have access to Tustin Street and
Katella Avenue.THE CITY COUNCIL OF THE CITY OF ORANGE DOES
ORDAIN
AS FOLLOWS:CHAPTER
15.41 TRANSPORTATION SYSTEMS
IMPROVEMENTS
PROGRAM Sections:15.
41.010 15.
41. 020 15.
41.
030
Purpose Fee Building Permits and Conditional
Use Permits Requiring Payment
of
Fee Exemptions,
Expenditure Authorization Boundaries of Transportation
Systems Improve-ment Areas and
Fee Rates 15.
41.040 15.
41. 050 15.
41.
Il. . ._._ ~____..._~_______~__ _~___
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 correc-
tive measures of a nature and cost beyond the City's ability
to provide are instituted concurrent with increased transpor-
tation demands. Fees collected for building projects and
improvements on properties in a Transportation Systems
Improvement Program 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 transpor-
tation system within the Area.
15.41.020 Fee. In addition to any other charges,
there shall be a 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 Condi-
tional 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.
When a property subject to the Transportation System
Improvement Program fee lies within the boundaries of two
Program Areas, a single fee as described in Section 15.41.060
shall be charged and deposited within the account of each
applicable Program Area in proportion to the street right-
of-way existing in each respective Program
Area.When a property subject to the Transportation
System Improvement Program fee lies within the boundaries of
two Program Areas and if there is a difference in the fees
as described in Section 15.41.060, the greater single fee
shall be charged and apportioned as hereinabove
described.The Director of Public Works may require
specific transportation system improvements be made and
additional street rights-of-way dedicated and improved
as an immediate condition of development or redevelopment
of property within the Program Area. In this event the cost
of such improve-ments and street rights-of-
way, upon verification of actual cost by the Department of Public
Works, shall be credited to the Transportation System
Improvement Program fee as deter-mined in Sections 15.41.
030 and 15.41.060.
If the estimated cost of transportation system improve-
ment and dedication and improvement of additional street
rights-of-way as hereinabove described exceed
the anticipated Traffic System Improvement Program fee, the
Director of Public Works shall so advise the City Council.
Upon notifi-cation, the City Council may authorize
supplementary funding to achieve the work from the respective Program
Area funds,authorize supplementary funding from other
sources, reduce the quantity of work recommended or take such
other action the City Council may
deem appropriate.15.41.030 Building Permits and Conditional
Use Permits Requiring Payment of Fee. The payment of a fee
for the Transportation 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 when one or
more parcels of land lie wholly or partially within the boundaries
of a Transportation Systems Improvement
Program Area.B. The estimated cost of the proposed
construction or improvement, as determined by the Building
Official will exceed $10,000. For purpose of this Section,
the valuation per square foot shall not exceed that listed in
the latest edition of Building Standards Magazine containing
a Building Valuation Data Chart. For projects which require
a City building permit, the Transportation
Systems Improvement Program 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
Transportation Systems Improvement Program fee before the project grading
plan is approved shall be imposed as a condition for issuance
of the Conditional
Use Permit.15.41.040 Exemptions. The following
construction and improvements 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 and
owner improvements and maintenance work which will not increase the
floor area of existing structures or does not result in
an increase of traffic volume.C. Replacement of structures
in size and function as the result of fire, earthquake, flood
or other acts of God
or of the public enemy.15.41.
050 Expenditure Authorization. Unless otherwise specified
herein, expenditure of Transportation Systems Improvement Program funds shall
require
approval of the City Council.
3 -
1l-_~~___________..
15.41.060 Boundaries of Transportation Systems
Improvement Areas and Fee Rates. Maps specifically describing
the boundaries of Transportation Systems Improvement Program
Area are on file in the Office of the City Clerk. The
special fee required to be paid in each Transportation
Systems Improvement Program Area is as follows:
Transportation Systems
Fee: One percent 1%
or improvement.
rovement Pro ram Area "A":
the estlmated cost of construction
General Description:LaVeta - Main - Town & Country Road.Transportation Systems
Fee: One
Percent (1%)or improvement.
I t
P A "B"..mprovemen rogramreaofthe
estimated cost of construction General Description:
North City
Limits.Tustin Street -
South City Limits to Transportation Systems Fee:
One Percent (
1%)or improvement.Improvement
Program Area "
C":of the estimated
cost of construction General Description:West
City Limits.
Katella Avenue - Wanda
Road to the 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 12 th
day 1985.range ATTEST:11.....-u,~~/ ~
City
Cler
oft
ty of Orange ORD 29-84 4 -
STATE OF CALIFORNIA 1
COUNTY OF ORANGE l 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 ?? nil day of T,"noT)' ,
19 -E5' and
thereafter at a regular meet~ng of said City Council duly
held on the 12 th day of February , 19.,8,5 was duly
passed and adopted by the follow~ng vote, to w~t:
AYES:COUNCILMEN: BARRERA, MAYOR BEAM, PEREZ, BEYER
NOES:COUNCILMEN: NONE
ABSENT:COUNCILMEN: NONE
ABSTAIN:COUNCILMEN: SMITH
Ci ty Clerk ~the j![tyt7of Orange
5 -ORD 29-84