ORD-42-85 ESTABLISHING A MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAMRECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk's office
300 East Chapman Avenue
Orange, CA 92666
EXEMPT!
C11
85-- 4:821..16
ORDINANCE NO. 42-
85 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING TITLE 30F ~
HE ORANGE MUNICIPAL CODE TO ADD CHAPTER 3.
11 ESTABLISHING A MAJOR THOROUGHFARE
AND BRIDGE FEE
PROGRAM.WHEREAS, Government Code Section 66484.3 authorizes
the City to require by ordinance the payment of a fee as
a condition of approval of a final subdivision map or as
a condition of issuing a building permit for the purpose
of defraying the cost of constructing major thoroughfares
and bridges;
and WHEREAS, the City council desires to adopt such a
fee program in order to insure that future development shall
pay a share of the costs of constructing transportation
systems adequate to serve that
development.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ORANGE HEREBY ORDAINS AS
FOLLOWS:Section
I:Amend Title 3 of the Orange Municipal Code to
add Chapter 3.11 to read as
follows:CHAPTER 3.
11 MAJOR THOROUGHFARE AND BRI~GE FEE
PROGRAM 3.11.010 Fee Requirement - Generally. A building
permit applicant, as a condition of issuance of a building
permit, shall pay a fee as hereinafter established to defray
the costs of constructing bridges over waterways, railways,
freeways and canyons, or constructing major thoroughfares.
3.11.020 Definitions. A. The term "construction" as
used in this Chapter includes preliminary studies, design
acquisition of right-of-way, administration
of construction contracts, and
actual construction.B. The term "major thoroughfare" means
those roads designated as transportation corridors and
major, primary,secondary, or commuter highways on the Master Plan
of Arterial Highways, the Circulation Element of the General
Plan. The primary purpose of such roads is to carry
through traffic and provide a network connecting to the
State
Highways System.
85--
482146 C. "Bridge facilities" mean those locations
identified in the transportation or flood control provisions of
the Circulation Element or other element of the General Plan
as requiring a bridge to span a waterway, a railway,
freeway,or
canyon.D. "Area of benefit" means a specified area wherein
it has been determined that the real property located
therein will benefit from the construction of a major
thoroughfare or bridge
project.3.11.030 Fee Requirement - Applicability. The
provisions herein for payment of a fee shall apply only if
the major thoroughfare or bridge facility has been included
in an element of the City's General Plan or the General Plan
of the County of Orange adopted at least thirty (30) days
prior to the application for a building permit and on land
located within the boundaries of the area of benefit.
payment of said fee shall not be required unless:
A. Any major thoroughfare is in addition to, or a
widening or reconstruction of, any existing major thorough-
fare serving the area at the time of the adoption of the
boundaries of the area of benefit; or,
B. Any planned bridge facility is a new bridge serving
the area or an addition to an existing bridge facility
serving the area at the time of the adoption of the bound-
aries of the area of benefit.
3.11.040 Establishing an Area of Benefit. Action to
establish an area of benefit may be initiated by the City
Council upon its own motion or upon the recommendation of
the Director of Public Works. The City Council shall set a
public hearing for each proposed area benefited.
A. Notice of the time and place of said hearing,
including preliminary information related to the boundaries
of the area of benefit, estimated costs, and the method of
fee apportionment shall be given in the following manner:
l. Notice shall be given at least ten (10)
calendar days before the hearing.
2. Notice shall be published at least once in a
newspaper of general circulation within the
proposed area of benefit.
ORD 42-85 2 -
85.-4821.46
3. Notice shall be posted throughout the proposed
area of benefit with at least three (3)
notices posted at arterial highway intersec-
tions within the proposed area of benefit.
4. Notice shall be sent by first-class
mail addressed to each property owner within
the boundary of the proposed area of
benefit.5. Notice shall be sent by first-class
mail to all Municipal Advisory Committees
and known HOmeowners' Associations within
the proposed area
of benefit.6. Notice shall be sent by first-
class mail to any person who has filed
a written request therefore with the Director
of Public Works.Such request shall apply
for the calendar year in which
it is filed.7.a.At the public hearing
the City Council will consider
the testimony, written protests, and other
evidence. At the conclusion of the
public hearing the City Council may,
unless a majority written protest is filed
and not with-drawn as specified in
Section 7.c,herein, determine
to establish an area of benefit.
If established, the City Council shall
adopt a Resolution describing the boundaries of
the area of benefit, setting forth
the cost, whether actual or estimated, and
the method of fee apportionment. A
certified copy of such Resolution shall be
recorded by the City Clerk with the Orange
County
Recorder's Office.b. Such apportioned fees
shall be applicable to all property within
the area of benefit and shall be payable
as a condition of issuing a building
permit for such property or portions
thereof. Where the area of benefit
includes lands not subject to the payment
of fees pursuant to this Chapter, the
City Council shall make provisions for payment
of the share of improvement cost
apportioned to such lands
from other sources.3 -ORD
85-
48Z146 ORD
42-
85
c.Written proteats ahall be received
by the City Clerk at any time prior to
the cloae of the public hearing. If
written protests are filed by the owners of
more than one-half of the area of
the property to be benefited by the
improvement, and sufficient protests are not
withdrawn so as to reduce the area represented
by the protests to less than one-
half of the area to be benefited,
then the proposed proceeding a shall be
abandoned, and the City council shall not,
for one year from the filing of
said written protests,commence or carryon
any proceedings for the same improvement
under the provisions of this Section. Any
protests may be withdrawn by the owner
making the same,in writing, at any time
prior to the close of
the public meeting.d.If any majority
protest is directed against only a portion
of the improvement,then all further
proceedings under the provisions of thia
Chapter to construct that portion of
the improvement so protested against shall be
barred for a period of one year, but
the City council shall not be barred
from commencing new proceedings not including
any part of the improvement
so protested against.Such proceedings shall be
commenced by a new notice and public
hearing as
set forth herein.e.Nothing in this
Chapter shall prohibit the City Council, within
such one year period, from commencing
and carrying on new proceedings for
the construction of an improvement or portion
of the improve-ments so protested against
if it finds,by the affirmative
vote of four-fifths of its members, that
the owners of more than one-half of
the area of the property to be benefited
are in favor of going forward
with
such improvement or
4
85-
482146 8. Fees pqid pursuant to this Chapter shall
be deposited in a planned bridge facility
or major thoroughfare fund. A fund shall
be established for each planned bridge
facility project or each planned mqjor
thoroughfare project. If the area of benefit is one
in which more than one bridge or major
thoroughfare is required to be constructed, a
separate fund may be established covering all of
the bridge projects or major thoroughfares in
the qrea of benefit. If the area of
benefit encompasses one or more bridges and one
or more thoroughfares and all lands within
the area of benefit are subject to the
same proportionate fee for all bridges and
thorough-fares, a single fund may be established
to account for fees paid. Moneys in such
fund shall be expended solely for the
construction or reimbursement for construction of
the improvements serving the area to be
benefited and from which the fees comprising the
fund were collected, or to reimburse the City
for the costs of constru~ting the
improvement.9. The City Council may approve the
acceptance of other consideration in lieu of the
payment of fees established
herein.10. The City Council may approve the
advancement of money from the General Fund or Road
Fund to pay the costs of constructing the
improve-ments covered herein and may reimburse
the General Fund or Road Fund for such
advances from planned bridge facility or major
thorough-fare funds established pursuant to
this
Section.11. If the building permit applicant, as a
condition of the issuance of the building permit,
is required or desires to construct a bridge
or major thoroughfare, the City Council
may enter into a reimbursement agreement with
the applicant. Such agreement may provide
for payments to the applicant from the
bridge facility or major thoroughfare fund
covering that specific project to reimburse the
applicant for costs not allocated to the applicant'
s property in the Resolution establishing
the area of benefit. If the bridge or
major 5 -ORD 42-85
r
8:5--.1821.46
thoroughfare fund covers more than one project,
reimbursements shall be made on a pro rata
basis reflecting the actual or estimated
costs of the projects covered by the fund."
Section II:
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 24 th day of September 1985.
ATTEST:
t1f11t:df gejt~~ange
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 17 th day of September , 1985, and
thereafter at a regular meetlng of said City Council duly
held on the 24 th day of Seftember , 19 was duly
passed and adopted by the fol oWlng vote, to wit:
AYES:COUNCILMEN: SMITH, BARRERA, MAYOR BEAM, PEREZ, BEYER
NOES:COUNCILMEN: NONE
ABSENT:COUNCILMEN: NONE
t~/ () rfe~City Cle of ~e ty of Orange
ORD 42-85 6 -