ORD-17-88 ESTABLISHING A PERMANENT SYSTEM OF FEES FOR IMPLEMENTATION OF THE TRANSPORTATION SYSTEMS IMPROVEMENT PROGRAM THROUGHOUT THE CITY1
ORDINANCE NO. 17-
88 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER 15.
41 OF THE ORANGE MUNICIPAL CODE
ESTAB-LISHING A PERMANENT SYSTEM OF FEES
FOR IMPLEMENTATION OF THE
TRANSPORTATION SYSTEMS IMPROVEMENT PROGRAM
THROUGHOUT THE CITY OF
ORANGE.WHEREAS, the City Council first adopted a
Transportation Systems Improvement Program in 1983;
and WHEREAS, from time to time, the City Council has
adopted other ordinances which have added or deleted Program Areas
or modified Program procedures;
and WHEREAS, on April 19, 1988, the Council adopted as an
interim measure, Ordinance No. 16-88, which immediately
revised and increased fees as of April 26,
1988; and WHEREAS, Ordinance No. 16-88 provided that
when the Council established permanent Transportation
Systems Improvement Program fee rates, any overpayments made under the
provisions of Ordinance No. 16-88 would be promptly returned to
those persons and entities
paying those fees; and WHEREAS, the City Council,
after a dUly-noticed public hearing held on July
12, 1988, established the permanent Transportation Systems
Improvement Program fee rates; and WHEREAS, the purpose of this
Ordinance No. 17-88 is to officially adopt those base
fee rates established by the City Council for all
of the Transportation Systems Improvement Program areas, to set forth special
procedures for certain areas, and to
provide the
method for their adjustment.Section I:Amend Section 15.41.040 of
Chapter 15.41 of the Orange Municipal code to
read in its entirety as follows:15.
41.040 Application Transportation Systems Improvement Program
fees shall be applied as follows:A. There shall be no fee
for any addition or modification to an existing single family
residence which shall continue to be
used as a single family residence.B. Additional
residential units constructed or created shall be subject to the full per unit
base fee
rate
for the
new
additions only.C.part to SUbject Conversion of
a single family residence in whole a
non-residential use shall cause such conversion
to the
appropriate proportionate
D. There shall be no fee for any tenant improvement to a
non-residential
building.E. An addition to an existing non-residential
building shall be subject to the appropriate fee for the
addition only.F. construction of additional
non-residential buildings shall be subject to the appropriate base fee rate
for the
new construction only.G. A change in non-residential building
or facility use, in whole or part, to a higher traffic-
generating use shall cause the proportionate square footage to be
subject to the appropriate fee rate; however, there shall be no
fee when a non-residential build-ing or facility is
converted to a lower traffic-generating use.H. A change in a building
or facility use, in whole or in part, to a
higher traffic-generating use within five years after
the Transportation Systems Improvement Program fees have been paid, shall be subject to
a base fee rate equal to the difference between the lower base fee rate
paid and the
base fee rate for the higher traffic-generating use.I. There shall
be no fee for the replacement of any building of the same size
and use as the result of fire, earthquake, flood or
other acts
of God or of the public enemy.
Section II:Ordinance No. 16-88 deleted Transportation systems Improve-ment Program Areas "
B", "c" and "D". Areas "B" and "c"
are again included, except that these designations now represent almost entirely
different portions
of the city of Orange. There is no area "
D".Amend Section 15.41.060 to read
as follows:15.41.060 Boundaries of Transportation Svstems Improvement Areas
and Fee Rates. Boundaries and the base fee rates required
to be paid
in each Transportation Systems Improvement Program
Area is as
follows:Transportation
Systems Improvement
Proaram Area "A"Base Fee
Rate:
Non-
Residential (all)Residential (all)4.55 per sq. ft.0-
Description:Area "A" includes generally that portion of the city
of Orange adjacent to La Veta Avenue, Main Street and
Town &country Road. Area "A" also includes an adjacent portion of
the City of Santa Ana. A map
setting forth the specific boundaries of Transportation Systems Improvement Program Area
A" is on file
Transportation Svstems Improvement proaram Area "B"
Base Fee Rate:
Non-Residential (
all)
Office
Commercial
Industrial Residential (
all)2.80 per sq.
ft.4.65 per sq.
ft.1.70 per sq.
ft.400. per dwelling
unit
Description:Area "B" includes that portion of the city of Orange
westerly of the Costa Mesa (Route 55) Freeway, excepting therefrom
any part of Area "
A".Transportation Systems Improvement Proaram Area "
C".Base Fee
Rate:Non-
Residential (all)
Residential (all)2.55 per
sq. ft.385. per
dwelling
unit Description That portion of the City of Orange easterly of the
Costa Mesa Route 55) Freeway, including the 7,500 acre
General Plan Amendment Area encompassed by the city of Orange
and Irvine Company
Annexation Agreement.
section III:Amend Chapter 15.41 to add section 15.41.070 to
read
as follows:15.41.070 Adiustment of Transportation
Svstems Improvement proaram Base Fee Rates. Automatic adjustment
of the Transportation Systems Improvement Program base fee
rates shall occur annually based on the Enaineerina News Record
Cost Index.Additional adjustments may be made from time to time by
the city Council. Such adjustments may include the addition
of other revenue sources
when available.
section IV:Amend Chapter 15.41 to add section 15.41.080 to
read
as follows:15.41.080 Special Procedures
and Documentation.A. The Transportation Systems Improvement Program
shall be reviewed annually by the City Traffic Engineer to
evaluate the project list, project priorities and the applicability
of the basic fee rates structure. The City Engineer shall
submit an annual report based on the review to the city
Manager for incorporation, as applicable, into the City of
Orange Capital
Improvement Program.3-ORD.
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B. The Board of Directors of the Orange Redevelopment Agency
will commit funds to the Transportation Systems Improvement
Program Area "B" in an amount necessary to subsidize commercial
development in Area "B" to its then current basic fee rate.
C. The Orange Redevelopment Agency staff shall submit an
annual report to the Board of Directors defining the level of
subsidy funding required for Transportation Systems Improvement
Program Area "B".
D. The Board of Directors of the orange Redevelopment Agency
may authorize the Agency to subsidize non-residential
development in Transportation Systems Improvement Program Area "
A".E. Every five years, commencing with the adoption of
the Transportation Systems Improvement Program, the city Manager
shall submit a report to the Board of Directors of the Orange
Redevelop-ment Agency and recommend the funding level of participation
by the Agency in the Transportation systems Improvement
Program.F. Within ninety days after approval by the City Council
of the East Orange General Plan Amendment and the circulation
element of the Orange General Plan a focus analysis will be made of
the Area "c" development forecast and project list with base fee
rate structure. A report on the findings of the analysis shall
be submitted to the city Council. If as a result of the report
and subsequent city Council action Transportation System
Improvement Program base fee rates are reduced in Area "C", those
parties previously participating in the Program shall be entitled to
a refund commensurate with the adjusted base fee rate level, if
any.If as a result of said city Council action base fee rates
are increased in Area "C", those parties previously participating
in the Program at the reduced base fee rate level shall not be
respon-sible for additional payment to the increased base fee rate
level.section
V: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 City News, a newspaper of general circulation, published,
and circulated in the City of Orange, The City Clerk shal1 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 this1988.26th day
of o
ge
r ORD NO. 17-
88
Attest:
r-) ~XiAe~City Cler of e ty of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
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 19th day of July , 1988, and thereafter at the
regular meeting of said City Council duly held on the 26th day
of Jnlv , 1988, was duly passed and adopted by the
following vote, to wit:
AYES:COUNCIL MEMBERS: SMITH, BARRERA. COONTZ, MAYOR PEREZ, BEYER
NOES:COUNCIL MEMBERS: NONE
ABSENT:COUNCIL MEMBERS: NONE
4'/~_..-"--"~CityCler
of t C' of Orange i I
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ABSTAIN:
COUNCIL
MEMBERS: NONR 5-ORD.
NO.17-88