ORD-16-88 URGENCY MEASURE AMENDING CHAPTER 15.41 OF THE OMC REVISINGORDINANCE NO. 16-
88 AN INTERIM ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ORANGE ADOPTED AS
AN URGENCY MEASURE AMENDING CHAPTER 15.
41 OF THE ORANGE MUNICIPAL CODE BY
REVISING SECTION 15.41.060 RELATING TO THE
TRANS-PORTATION SYSTEMS IMPROVEMENT
PROGRAM.WHEREAS, the City Council has heretofore received a
report from the Traffic Engineer of the city of Orange;
and WHEREAS, this report by the Traffic Engineer indicated
a pressing need to revise the formula by which Transportation
Systems Improvement Program fees are imposed on development in the
herein-after described areas A, B, C, and D as described in
Section l5.41.060 of the Orange Municipal Code;
and WHEREAS, the City Council, based on the report of the
Traffic Engineer has become convinced that there is a need to revise
the formula and the basis for establishing the Transportation
Systems Improvement Program fees in the aforementioned areas;
and WHEREAS, the City Council has further become convinced
that this proposed revision in the transportation systems fees and
the basis for calculating same should be revised to become
effective immediately pending further public hearings on this matter
if significant development projects now being processed in the
city are to be required to pay their fair share toward mitigating
the impact these developments will impose on the public streets
and other public improvements;
and WHEREAS, the city council further intends to require that
all fees paid to the City under the hereinafter described
revised formula shall be clearly identified as to the person or
entity making such payments and as to the amount of each such
payments and all such funds shall be placed in a special account from
which account monies could be returned to those paying such fees if
and when a future public hearing would demonstrate to the City
council that such increased fees or portion thereof are not necessary to
be imposed upon pending developments as payment of their fair
share toward the mitigation of impacts on these public improvements;
and WHEREAS, the City Council feels that it is important that
all property owners proposing development in the City have an
oppor-tunity to present all evidence they may have concerning the need
of the City for revised and increased transportation systems
improve-ment fees;
and WHEREAS, the hereinafter described revised and increased
fees should be made effective immediately in order that developments
now pending approval by the City will pay their fair share tomitigateimpactofthesedevelopmentswillhaveonstreetsandotherpublicimprovements;
and WHEREAS, should later public hearings demonstrate to theCityCouncilthattheserevisedfeesareexcessiveinwholeorinpart,such fees, or portions thereof, shall be returned to those
persons or entities who paid such increased
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
HEREBY ORDAIN AS FOLLOWS:
section I:
section 15.41.060 of the Orange Municipal Code shall be
revised to read as follows:
Transportation Systems Improvement Proqram Area "B": Base
Fee: Non-Residential Development, $4.95 per gross square
foot of
building.General Description: All area within the City of
Orange westerly of the Costa Mesa (Rt. 55) Freeway, excepting
Area
A".Transportation Svstems Improvement Proqram Area "C":
Base Fee: Non-Residential Development, $3.05 per gross
square foot
of building.Residential Development: $490 per
dwelling unit.General Description: All areas within the city of
Orange east of the Costa Mesa (Rt. 55) Freeway, including the
7500 acre general plan amendment area encompassed by the city
of Orange,Irvine Company
Annexation Agreement.Transportation Systems Improvement proaram Area
liD": Delete this
Program Area.
section II:That the following provision be added to section 15.41.
060 of the Orange
Municipal Code:Application and exemption from
revised Transportation Systems
Improvement Fees:For those development projects within Areas B or
C which have been submitted to the Building Division of the
City of Orange and which projects are in construction plan check
as of the effective date of this Ordinance shall be exempt
from the payment of the interim revised fees
specified herein.
section III The following provision shall be added to section 15.41.
060 of the Orange
Municipal Code:Annual adjustment of Transportation
Systems Improvement
Program fee:The Transportation Systems Improvement Program
fees shall be adjusted on the first day of July of each year
to reflect the percentage of construction cost increase or
decrease as pUblished by the Enqineerinq News Record
Construction Cost Index published on or about the first day of June
of
each year.2 -
Ord. No. 16-
The adjusted fee, if any, shall be rounded to the nearest
five cents ($.05) for nonresidential development and one
dollar ($1.00) for each residential dwelling unit.
Section IV:
All fees collected pursuant to this Ordinance shall be held in
a special fund by the city and shall be clearly identified as to
the person or entity paying such fees and the amount of fees paid
by each such person or entity. In the event that the City Council
determines to establish fees for one or more of the aforementioned
areas at a rate less than that paid by any person or entity pur-
suant to this Ordinance, the City shall reimburse the difference to
the person or entity paying such higher fees.
Upon payment of the interim fees established herein and the
issuance of a building permit, such person or entity shall not be
compelled to pay any additional fee for transportation systems
improvements regardless of the final determination by the City
Council as to the Transportation Systems Improvement Program fee.
Section V:
Except as modified by this Ordinance, all current provisions
of Chapter l5.41 of the Orange Municipal Code shall remain in full
force and effect.
Section VI:
The facts constituting this urgency justifying the enactment
of this Interim Ordinance are as follows:
As of this date, to wit: April 26, 1988, several major
developments are pending in approval by the City in the existing
Transportation Systems Program Areas described as A, B, C, and D in
Section l5.41.060 of the Orange Municipal Code. Unless this
Ordinance is enacted as an urgency measure to become effective
immediately, these major developments will be approved before
public hearings can be scheduled and, therefore, shall be required
to pay only the existing Transportation Systems Improvement Program
fee without regard to the need for these developments to pay the
revised fees herein determined by the Traffic Engineer and the citycounciltobenecessarytomitigatetheimpactsonstreetsand
other public improvements.
Section VII:
The provisions of this Interim Ordinance adopted as an urgency
measure shall become effective immediately upon approval of this
Ordinance.
Section VIII:
If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional,
such decision shall not affect the validity of the remaining
3 -Ord. No.
16-88
portions of this Ordinance. The city council declares that it
would have passed this Ordinance, and each section, subsection,
sentence, clause and phrase thereof, irrespective of the fact that
anyone or more sections, subsections, sentences, clauses or
phrases have been declared invalid or unconstitutional, and if for
any reason this Ordinance shall be declared invalid or unconstitu-
tional, then the remaining provision or provisions of the Ordinance
shall be in full force and effect.
ADOPTED this 26th day of April, 1988.
nge
ATTEST:
JztA'~~ tflc~44/~/
City Clerk of t C' 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 No.
16-88 was regularly introduced, reading in full was waived,
was read by Title, was passed and adopted at a regular meeting of
the City Council, City of Orange, California held on the 26th day
of April, 1988, by the following vote to
wit:AYES: COUNCIL MEMBERS: SMITH, BARRERA, COONTZ, MAYOR PEREZ,
BEYER NOES: COUNCIL MEMBERS:
NONE ABSENT: COUNCIL MEMBERS:
NONE ABSTAIN: COUNCIL MEMBERS:
NONE4Jz ~ /A?h~~~ Q>t~
Rf1H'/city Clerk f th Ci~ 0
range 4 -Ord.
No. 16-88