ORD-24-89 AMENDING TITLE 12 OF THE OMC TO INCREASE THE VALUE OF NEW CONSTRUCTION AND BUILDING ALTERATIONS REQUIRING DEDICATION AND IMPROVEMENT OF STREETS SIDEWALKS AND RELATED PUBLIC FACILITIES AS A CONDITION OF BUILDING PERMITSORDINANCENO.
24-89 AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ORANGE AMENDING TITLE 12 OF THE ORANGE
MUNICIPAL CODE TO INCREASE THE VALUE
OF NEW CONSTRUCTION AND BUILDING ALTERATIONS
REQUIRING DEDICATION AND IMPROVEMENT
OF STREETS, SIDEWALKS AND RELATED
PUBLIC FACILITIES AS A CONDITION
OF BUILDING PERMITS, FINAL APPROVAL
AND/OR OCCUPANCY.WHEREAS,
under Sections 12.52.020 and 12.52.030 of the Orange
Municipal Code, certain dedications and improvements are currently
required whenever new construction or alterations to existing
buildings valued at $6,000.00 in any 12-month period;
and
WHEREAS, such amount has not been adjusted for inflation
and has remained the same for many years; and
WHEREAS, City engineering and building staff has determined
that $15,000.00 would be more in keeping with current market
values for the types of construction intended to be covered by
such provisions of the Orange Municipal Code; and
WHEREAS, it is often difficult to determine at the time of
building permit applications whether any particular construction
or alteration project will require such dedications or
improvements and, when such requirements appear after issuance
of building permits, it is necessary to withhold other forms of
city approvals in order to secure such dedications and
improvements;
NOW, THEREFORE, the City Council of the City of Orange
ordains as follows:
Section I.
Section 12.52.020 of the Orange Municipal Code is amended
to read in its entirety, as follows:
12.52.020 - Street Dedication Reauired. No building permit shall
be issued, no final building inspection shall be authorized,
and/or no authorization of occupancy, release of utilities,
or other applicable City approval 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 fifteen thousand dollars 15,
000.00) 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 Redevelopment Project: Environmental Impact
Report for the Tustin street Redevelopment 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.
The City Council may from time to time designate the width
of certain streets by Precise Plan. Dedications under this section
shall be to the width designated in any applicable 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 Area,Tustin Redevelopment Area, Tustin TSIP [Area
B] of the city of Orange Master Plan of Highways
Analysis, dated May 19, 1983).Ords.
24-89
12-85: 27-82: 7-82: 41-64)Section II.Section
15.52.030 of the Orange Municipal Code is amended
to substitute "fifteen thousand dollars ($
15,000.00)" for "six
thousand dollars ($6,000.00)".Section III. - Severance Clause
If any section, subsection, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid or unconsti-tutional,
such decision shall not affect the validity of the
remaining 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 unconstitu-tional, and
if for any reason this Ordinance shall be
declared invalid or unconstitutional, then the remaining provision or provisions of
the Ordinance shall be in full
Section IV.
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 10th day of October 1989.
9f
Mayor of the C1ty of Orange
ATTEST:
k-~"~-"-'./ci y -
Clerk . of Orange STATE OF
CALIFORNIA )COUNTY OF
ORANGE )CITY OF
ORANGE )I, MARILYN
J. JENSEN, city Clark of the City of Orange,California, do
hereby certify that the foregoing Ordinance No.24-89
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 10th day
of October , 1989, by the following vote to wit:AYES:
COUNCIL MEMBERS: STEINER, BARRERA, MAYOR SMITH, BEYER, COONTZ NOES:
COUNCIL MEMBERS: NONE ABSENT:
COUNCIL MEMBERS: NONE ABSTAIN:
COUNCIL MEMBERS:3 -
ORD NO. 24-89