ORD 05-20 OMC Ch 16.60 Categories of Development RE Park Dedication and FeesORDINANCE NO. OS-20
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER
16.60 OF THE ORANGE MLJNICIPAL CODE TO
UPDATE THE CATEGORIES OF
DEVELOPMENT SUBJECT TO PARK
DEDICATION AND FEES AND MODIFY THE
YEARLY ADNSTMENT METHOD FOR PARK
DEDICATION AND FEES.
APPLICANT: CITY OF ORANGE
VVHEREAS, the Quimby Act, Govemment Code Section 66477 et seq., specifically
authorizes the City Council to require new residential development projects to dedicate pazkland
or pay fees in lieu of such dedication in set amourits to meet the needs of the citizens of the
community for pazkland and recreation facilities and to further the health, safety, and general
welfaze of the community; and
WHEREAS, the Quimby Act requires that the dedication of parkland or fees assessed on
new residential development projects for pazk and recreation facilities in the City is determined
according to the standazds set forth by ordinance pursuant to the Quimby Act; and
WHEREAS,the pazk dedication and fees standazds were last updated by the City in 2003;
and
WIIEREAS, the CiTy commissioned a comprehensive study of its development impact
fees for pazk and recreation facilities that evaluated the impact on pazk and recreation services by
new residential development and established the level of dedication and fees reasonably needed to
provide park and recreation facilities as required by new development.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I:
Chapter 16.60, "Pazk Dedication and Fees," of the Orange Municipal Code is hereby
amended in its entirety to read as follows:
16.60.010 - Purpose.
The purpose of this chapter is to establish the procedures for requiring the dedication of
land, the payment of fees in-lieu thereof(or a combination of both) to serve new subdivisions in
accordance with the Master Plan for Pazk Facilities, Recreation and Community Services
adopted by the City Council in accordance with the requirements of the City's General Plan and
in compliance with the requirements of California Government Code Sections 66477 et seq. (the
Quimby AcY'). This chapter is enacted pursuant to the authority granted by the Quimby Act.
The Quimby Act specifically authorizes the City to require dedication of pazkland or the payment
of fees in-lieu of such dedication in set amounts to meet the needs of the citizens of the
community for pazkland and to further the health, safety and general welfaze of the community.
16.60.020 -Definitions.
For the purpose ofthis chapter,unless otherwise appazent from the context,the following
terms, phrases, words and their derivations shall have the following meanings:
A. COMMiJNITY PARK means a park that generally services an azea comprising several
neighborhoods within a radius of one to two miles. The desired pazk size ranges from
fifreen(15)to forty(40)acres.This type of pazk will generally allow for a greater variety
of recreation opportunities and provide either or both active or passive recreation
opportunities. A community park may provide for sufficient opportunities for further
development and unhindered use of recreation facilities. It may also accommodate
desired league standards and any increase in intensity of usage. Finally, a community
pazk may be developed adjacent to a junior or senior high school in accordance with a
joint use agreement with the school district.
B. DWELLING iJNIT means each single family dwelling, each dwelling unit in a duplex,
apartment house or dwelling, condominium, mobile home unit, and any other place
designed, occupied or intended for occupancy as a sepazate living quarter by one or
more persons for living, sleeping, cooking and eating.
C. FAIR MARKET VALUE means the fair mazket value of undeveloped residential real
property as applicable for the density classifications established by resolution of the
City Council for the implementation of this chapter.
D. MASTER PLAN means the City of Orange Master Plan for Pazk Facilities, Recreation
and Community Services as adopted by the City Council of the City of Orange on
December 14, 1999.
E. MINIMUM PARK STANDARDS means the minimum dedicated condition that is
deemed necessary by the City to accept land in order to help minimize health, safety,
and environmental issues typically created by vacant parkland. Future neighborhood
and community pazks shall be physically configured so that they have a consolidated
shape, either rectangulaz or square in configuration. Long, narrow or other shapes that
do not lend themselves to the proper siting of park and recreational facilities shall be
avoided. Average slope gradients for neighborhood pazks shall not exceed five percent
while average slope gradients for community pazks shall not exceed five percent for
more than two-thirds of the site; provided, however, that the portion of land in excess
of two-thirds dedicated for a community park having a slope gradient of more than five
percent shall not be credited towazd the land dedication requirements under Section
Ordinance No. OS-20 2
16.60.050 of this chapter unless otherwise determined by the City Council upon
recommendation of the Director of Community Services and the Planning Commission.
Minimum park standards shall also include full street improvements,including five foot
wide concrete sidewalks and five foot wide parkways, for that portion of the land to be
dedicated that abuts all street frontages, sod stabilization for the pazkways and a twenty
20) foot setback azea behind the back of the sidewalk(s), soil prepazation for the twenTy
20) foot setback azea for sod stabilization, grading for the entire site,hydro seeding the
area beyond the twenty(20) foot sod setback azea,the installation of automatic imgation
systems, adequate site drainage facilities, and the stubbing in of utility services to the
property line, all to full City standazds or to the standards of the agency or public utiliTy
having jurisdiction. Land dedicated for a park shall be land which may be used for park
and recreational purposes all yeaz and upon which recreational facilities may be built.
F. NEIGHBORHOOD PARK means a park that provides for daily recreation needs. The
optimum size for a neighborhood park is between four and ten acres with a service azea
of a one-half mile radius. The pazk should provide a vaziety of passive and active
recreation opportunities. Active recreation facilities are intended for informal games
rather than organized league play. The park should be easily accessible and encourage
biking and walking access. It should foster the development of open field play, picnic
areas, and tot lots. This type of park may also be developed adjacent to or in joint
agreement with a school.
G. PARK means a parcel or contiguous parcels of land which provides recreational land
and facilities for the benefit and enjoyment of the residents and visitors of the City.
H. RECREATIONAL FACILITIES means those improvements to parks which provide a
recreational opportunity for the user, including, but not limited to, ball fields, lighting,
swimming pools, tennis courts, picnic shelters, trails, play/tot lots, and community
buildings. These are improvements that aze above the basic minimum park standard
requirements.
I.SUBDIVIDER means a person, firm, corporation, partnership or association who
proposes to divide, divides or causes to be divided real property into a subdivision for
himself or for others.
J.SUBDIVISION means that definition contained in California Government Code
Section 66424 and shall include any division of land governed by the provisions of the
Subdivision Map Act (commencing with California Government Code Section 66410).
16.60.030 -Applicability.
Every subdivider who subdivides land for residential purposes shall dedicate a portion of
such land,pay a fee,or a combination of both,at the option of the City as set forth in this chapter,
at the time and according to the standazds and formula contained in this chapter.
Ordinance No. OS-20 3
16.60.040 -Park Acreage Standard.
It is found and determined that the public interest, convenience, health, welfare, and
safety require that 3.0 net acres of useable pazkland for each one thousand (1,000) persons
residing within the City shall be devoted to neighborhood and community pazks.
16.60.050 - Standards and Formula for Land Dedication.
A. The amount of land to be dedicated by a subdivider pursuant to the provisions of this
chapter shall be determined as follows:
1.The City shall determine the number of dwelling units per gross acre to be
constructed. The City shall determine the average number of persons per
dwelling unit, and this computation shall be based upon the average household
size for the dwelling units to be constructed, as disclosed by the most recent
available Federal census figures. When a proposed subdivision contains
different types of dwelling units, the following formula shall be used for each
type of dwelling unit and the results shall be totaled.
2. The amount of land to be dedicated shall be computed by multiplying the product
of (1) the number of proposed dwelling units, and (2) the average number of
persons per dwelling unit within the density classification appropriate for the
subdivision in question, by the pazk acreage standard (3.0) and dividing that
number by one thousand (1,000).
The amount of land to be dedicated shall be determined pursuant to the following
formula:
A 3A(DU x PPDI
1,000
Definition of terms:
A - The azea in acres required to be dedicated as park land.
3.0 - The park acreage standard for the City; number of acres per 1,000 persons.
DU - The number of proposed dwelling units.
PPD - The number of persons per dwelling unit as applicable for the subdivision and type
of dwelling units to be canstructed.
B. If it is determined that a subdivider is to dedicate land in accordance with the provisions
of Subsection A of this Section 16.60.050,the subdivider, at the time the final tract map
Ordinance No. OS-20 4
or final pazcel map is approved by the City Council, shall obligate itself, by a condition
to such map, to provide such land with the minimum park standards acceptable for
dedication purposes to the City. In-lieu of providing such minimum park standazds, the
subdivider shall pay a sum equal to the per acre cost to provide such land with the
minimum park standards acceptable for dedication purposes to the City. The decision
to accept a sum equal to the per acre cost to provide land dedicated in accordance with
the provisions of Subsection A of this Section 16.60.050 with the minimum park
standards in-lieu of the subdivider providing such minimum park standards shall be at
the discretion of the City Council.
C. The City Council shall, by resolution, set forth the specific amount of the fees to be paid
by a subdivider in-lieu of dedication of land, actual or updated cost estimates for the
minimum pazk standazds,the average number of persons per dwelling unit,the residential
density classifications, and actual or updated estimates of fair market values for
undeveloped residential real property.
16.60.060 - Formula for Fees in-lieu of Dedication.
A. If the proposed subdivision contains fifry (50) pazcels or less, or if there is no site
suitable to the City for a park or recreation facility in the subdivision,or if it is otherwise
determined that a fee shall be paid in-lieu of dedication of land, the subdivider shall, in-
lieu of dedication of land, pay a fee equal to the fair market value of the amount of land
prescribed for dedication pursuant to Section 16.60.050,plus a sum equal to the per acre
cost to provide such land with the minimum park standazds acceptable for dedication
purposes to the City. When a condominium project, stock cooperative, or community
apartment project exceeds fifty (50) dwelling units, the City may require dedication of
land notwithstanding that the number of parcels may be less than fifty (50).
B. The money collected hereunder shall be used only for the purpose of developing new,
or rehabilitating existing pazk or recreational facilities reasonably related to serving the
citizens living in the proposed subdivision, either by way of the purchase of land as
necessary for pazk purposes or, if the City Council determines that there is sufficient
land available, for the improvement of such land for pazk and recreational purposes.
Any fees collected pursuant to this chapter shall be committed within five years afrer
the payment of such fees, or the issuance of building perxnits on one-half of the lots
created by the subdivision, whichever occurs later. If such fees aze not committed, they
shall be distributed and paid to the record owners of the subdivision in the same
proportion that the size of their respective lots beazs to the total area of all lots within
the subdivision.
C. When a fee is required to be paid in-lieu of land dedication, the amount of the fee shall
be based upon the fair muket value of undeveloped residential real property for the
density classification of the proposed subdivision and the per acre cost to provide such
land with the minimum pazk standazds acceptable for dedication purposes to the CiTy.
Such fee shall include an amount to recover the cost of preparation of the study and
administrative overhead costs, to be set as a percentage of the in lieu fees which are
Ordinance No. OS-20 5
collected pursuant to this chapter. The fees created pursuant to this chapter shall be
calculated on the basis of the number of dwelling units in the subdivision. All fees
collected shall be promptly transferred for deposit in the park acquisition and
development fund.
D. The in-lieu fee shall be calculated by multiplying the acreage amount of land which
would otherwise have been required for dedication using the formula from Subsection
A of Section 16.60.050 by the sum of the (1) fair mazket value of undeveloped
residential land, and (2)the per-acre cost to improve such land with the minimum pazk
standazds acceptable for dedication purposes to the CiTy. The fee shall be determined
pursuant to the following formula:
In-Lieu Fee =A x (FMV + MPSF)
Definition of terms:
A The azea in acres required to be dedicated as pazk land using the formula from
Section 16.60.OSO.A.
FMV The fair market value of undeveloped residential real property as applicable for
the density classification of the proposed subdivision.
MPSF : The per acre cost to provide land with the minimum pazk standards acceptable for
dedication pwposes to the CiTy.
16.60.070 - Choice of Dedication of Land or Payment of Fees or a Combination of Both.
A. The procedure for determining whether the subdivider shall dedicate land, pay a fee in-
lieu thereof, or a combination of both, shall be as follows:
1. At the time of filing foc appcoval a tentative tract or pazcel map, the subdivider
of the property, as a part of the filing, shall indicate whether he or she desires to
dedicate property for pazk and recreational purposes or whether he or she desires
to pay a fee in-lieu thereof. If he or she desires to dedicate land for such purposes,
he or she shall designate the area thereof on the tentative tract or parcel map as
submitted and shall furnish to the City a Phase I Environmental assessment for
the land proposed to be dedicated prepazed in compliance with the American
Society for Testing and Materials Phase I Environmental Site Assessment
Standazds. On subdivisions involving fifty(50)parcels or less, only the payment
of fees shall be required, except that when a condominium project, stock
Ordinance No. OS-20 6
cooperative, or community apartment project (as those terms are defined in
Section 1351 of the California Civil Code) exceeds fifty (50) dwelling units,
dedication of land may be required notwithstanding that the number of parcels
may be less than fifty (50).
2. At the time of the tentative tract or pazcel map approval, the Planning
Commission shall recommend to the City Council, as a part of such approval,
whether to require a dedication of land within the subdivision, the payment of a
fee in-lieu thereof, or a combination of both.
3.Where dedication is required, it shall be accomplished in accordance with the
provisions of the Subdivision Map Act and conveyed to the City. Real property
dedicated pursuant to the provisions of this chapter shall be (a) conveyed by
grant deed in fee simple to the City by the subdivider free and clear of all
encumbrances, except those which will not interfere with the use of the property
for pazk and recreational purposes and which the City agrees to accept; (b)
restricted to park and recreational purposes; and (c) permanently devoted or
dedicated to use by the general public, unless a satisfactory substitute is
approved by the City Council. Where fees aze required, they shall be deposited
with the City at the time prescribed by Section 16.60.120.
B. Whether the Planning Commission recommends that the City Council accept the land
dedication or elect to require the payment of a fee in-lieu thereof, or a combination of
both, shall be determined by consideration of the following:
1) The Master Plan;
2) The topography, geology, access, and location of the land in the subdivision
available for dedication;
3) The size and shape of the subdivision and the land available for dedication;
4) The location of existing or proposed park sites and recreational facilities; and
5) The desirability of developing the land proposed for dedication for pazk and
recreational purposes as determined by a schematic site plan submitted by the
subdivider.
C. In subdivisions of more than fifty (50) parcels, the subdivider shall both dedicate land
and pay a fee in-lieu thereof, in accordance with the following formula:
1.When only a portion of the land needed to satisfy the dedication requirement
meets the minimum park standards and is acceptable to the CiTy as a park site
and islocated within the proposed subdivision,such portion shall be dedicated
for pazk purposes and a fee, computed pursuant to the provisions of Subsection
Ordinance No. OS-20 7
D of Section 16.60.060, shall be paid for the additional land that would have
been required to be dedicated pursuant to Subsection A of Section 16.60.050.
2.When a portion of a park site has already been acquired by the City and only a
portion of land is needed from a subdivision to complete the park site, the
remaining poftion needed to complete the pazk site shall be dedicated and a fee
shall be paid in an amount equal to the value of the land computed pursuant to
the provisions of Subsection D of Section 16.60.060, which otherwise would
have been required to be dedicated pursuant to Subsection A of Section
16.60.050; such fee to be used for the improvement of the existing pazk and
recreational facility, or for the improvement of other parks and recreational
facilities in the area served by the subdivision.
D. The determination of the City Council as to whether land shall be dedicated, or whether
a fee shall be charged, or a combination thereof, shall be final and conclusive.
16.60.080-Park Provision Agreement.
A. When a proposed subdivision is a part of a major land development (i.e., a land
development project exceeding forty (40) acres in size) and the owner of such land
proposes to permit development by several subdividers, provisions for land dedication
or the payment of a fee in-lieu thereof(or a combination of both) may be made by the
owner through the adoption of a park provision agreement with the City.
B. The decision to enter into a pazk provision agreement with the owner shall be at the
discretion of the City Council based on the following criteria:
1.The pazk provision agreement shall be consistent with the master plan and the
minimum park standards.
2.Topography, geology, access, and location of land in the subdivision available
for dedication.
3.Provisions of Sections "16.60.050 Standazds and Formula for Land Dedication",
16.60.060 Formula for Fees in-Lieu of Dedication", and "16.60.070 Choice of
Dedication of Land or Payment of Fees or a Combination of Both".
4.Size and shape of the subdivision and land available for dedication.
16.60.090 - Credits.
A. When park and recreational facilities, including equipment, are provided by the
subdivider to dedicated land, the value of the recreational facilities or equipment as
determined by the City Council,upon the recommendation ofthe Planning Commission,
shall be a credit against the fees to be paid or land to be dedicated pursuant to this
chapter; provided that the recreational facilities or equipment have been made or
Ordinance No. OS-20 8
installed with the prior approval and to the satisfaction of the Director of Community
Services.
B. Credit shall not be allowed for single purpose commercial recreation facilities whether
dedicated or in private ownership.
C. Partial pazk dedication credit may be given when land dedicated for a community park
has a slope gradient of not more than five percent for more than two-thirds of the site.
The portion of land dedicated for a community pazk in excess of two-thirds may be
credited at the sole discretion of the City Council upon recommendation of the Director
of Community Services and the Planning Commission.
D. Where park land is provided by the subdivider in a proposed subdivision and such park
land is to be privately owned and maintained by the future residents of the subdivision
and restricted for the use, benefit and enjoyment by the residents of the subdivision and
their guests and invitees, a maximum of fifty (50) percent credit may be given for
privately-owned pazk land provided in conjunction with the development of a
subdivision against the requirement for dedication of park land in accordance
with Section 16.60.050, subject to the following conditions:
1.Credit for privately-owned park land shall be subject to the approval oFthe City
Council at the time of approval of the tentative tract or pazcel map and upon
recommendation of the Planning Commission.
2. The aggregate amount of privately-owned pazk land and public pazk land to be
provided under this Subsection D of Section 16.60.090 shall not be less than the
pazk acreage standard set foRh in Section 16.60.040; i.e., 3.0 acres of useable
pazk land for each one thousand(1,000)persons residing within the subdivision.
3. The amount of privately-owned park land for which a subdivider may seek credit
may not exceed one-third of the amount of land required for dedication
under Section 16.60.050 and accepted by the City; meaning, for example, in a
subdivision requiring the dedication of 3.0 acres of useable public pazk land in
accordance with Section 16.60.050, not more than one acre of privately-owned
pazk land may be eligible for a credit and the credit to be given shall not be
greater than Fifty (50) percent of the fair market value thereo£ Assuming that a
subdivider seeks and is given fifty (50) percent credit for a one-acre privately-
owned park,the subdivider would then be required to dedicate 2.5 acres ofpublic
park land.
4.The credit to be given shall not be greater than Fifry (50) percent of the fair
mazket value of the privately-owned park land to be provided,as such fair mazket
value is determined by the City Council by resolution.
Ordinance No. OS-20 9
5. Unless otherwise determined by the City Council at the time of approval of the
tentative tract or parcel map, the privately-owned park land must meet the
minimum pazk standazds.
6.Use of the privately-owned park land must be restricted for pazk and recreation
purposes by a recorded pazk provision agreement, or such other recorded
covenant as may be acceptable to the City Attorney, which shall run with the
land in favor of the future owners of the property within the subdivision and
which cannot be defeated or eliminated without the consent of the City first had
and obtained and in no event without providing equivalent pazk land elsewhere
within the subdivision or at such other location as will serve the subdivision.
Each resident of the subdivision must be eligible to use the parkland and each
lot or dwelling unit within the subdivision is subject to a chazge for a
proportionate share of the cost and expenses to operate and maintain the pazk
land.
7. Access to the privately-owned park land shall be available and suitable to meet
the recreation needs of the residents within the subdivision and their guests and
invitees.
E. Except as otherwise provided herein, no credit shall be given for private open space in
any subdivision.
16.60.100 -Exemptions.
A. The provisions of this chapter do not apply to industrial and commercial subdivisions,
or to condominium projects or stock cooperatives which consist of the subdivision of
air space in an existing apartment building which is more than five years old when no
new dwelling units are being added.
B. Subdivisions containing less than five pazcels and not used for residential purposes shall
be exempted from the requirements ofthis chapter; provided, however,that a condition
may be placed on the approval of such parcel map,that if a building permit is requested
for the construction of a residential structure, or structures, on one or more of the
parcels, within four years, the fee may be required to be paid by the owner of each such
parcel as a condition to the issuance of the permit.
C. In order to ensure that the imposition of fees pursuant to this chapter will not be contrazy
to the public interest, or prevent the development of a public service project, the City
Council may waive all, or any portion of, the fees required by this chapter if the CiTy
Council finds that a subdivision will serve a public purpose or satisfy a public need and
is located within a redevelopment project azea, or other special district, or involves
direct City of Orange or Orange Redevelopment Agency par[icipation in the residential
development project. Moreover, the City Council may, from time to time, and as the
need may arise, set forth, by resolution, specific limitations,which will apply to waivers
Ordinance No. OS-20 10
of fees which may be made pursuant to this section. In this regazd, this chapter shall be
considered enabling and directory.
16.60.110 - Automatic Annual Adjustment
The fees imposed by this chapter shall be adjusted on the first day of July of each year to
reflect the percentage of increase or decrease in the Consumer Price Index for All Urban
Consumers(CPI-U) (Los Angeles-Long Beach-Anaheim;all items,not seasonally adjusted; 1982-
1984=100 reference base) for the timeframe since the most recent increase.
16.60.120—Amendmeat by Resolution
The fees referred to in Sections 16.60.050 and 16.60.110 may be revised, deleted, or
otherwise amended by resolution of the City Council with available Federal census data, actual
or updated cost estimates for the minimum pazk standards, actual or updated estimates of the fair
market value for undeveloped residential real property, substantial changes in the City's master
plan, capital improvement plan and/or general plan, or other pertinent information.
16.60.130 - Time for Payment of Fees and DedicaHon of Land.
At the time of approval of the tentative tract map or pazcel map, the City shall determine
the amount of land to be dedicated, and/or the amount of fees to be paid by the subdivider. At
the time of the filing of the final tract or pazcel map, the subdivider shall dedicate the land, as
previously determined by the City Council. The fees prescribed in this chapter shall be due and
payable on the date of final inspection or issuance of a certificate of occupancy for each unit,
whichever occurs first. The rate at which the fee shall be chazged is to be based upon the rate
that was in place at the time a building permit was issued for each unit.
16.60.140 - Refunds.
Fees paid to the City and deposited into the park acquisition and development fund shall
be committed within five yeazs after payment of such fees or the issuance of building permits on
one-half of the lots created by the subdivision, whichever occurs later. If the fees aze not
committed, they shall be distributed and paid without any deductions to the then record owners
of the subdivision in the same proportion as the size of their lot beazs to the total azea of all lots
within the subdivision.
16.60.150 -Disposition of Proceeds—Fund Created.
A. All proceeds from the fees collected under this chapter shall be paid into a special fund
of the City entitled "Pazk Acquisition and Development Fund" which £und is hereby
created. All sums collected pursuant to the provisions of this chapter, together with any
interest income earned thereon,shall be used only for the purpose of acquiring,building,
improving, expanding and/or developing CiTy pazks in accordance with the
requirements of this chapter.
Ordinance No. OS-20 11
B. In the event that bonds or similaz debt instruments aze issued for the advanced provision
of pazk and recreational facilities for wluch in-lieu fees may be expended,such fees may
be used to pay debt service on such bonds or similar debt instruments to the extent that
the facilities provided are of the type to which the fees involved relate.
C. Funds may be used to pzovide refunds as described in Section 16.60.120.
D. The Director of Finance shall maintain records specifically identifying the origin of the
funds used for any project or improvement funded, in whole or in part, by the park
acquisition and development fund. Such records shall enable the Director of Finance to
trace the fees from new residential subdivisions to specific projects funded by each
subdivision. Any interest accruing on account of time deposit of the fund, or otherwise,
shall be deposited to the credit of the fund.
E. Upon receipt of a written application from the Director of Community Services for
disbursement of monies from the park acquisition and development fund on account of
expenditures made or proposed for the benefit or use of pazks or recreational facilities,
the Director of Finance shall immediately advise the CiTy Manager(or his designee)and
provide him with copies of any accompanying documents or papers that might have
been submitted in support of the application. Within ten days after receipt of such notice,
the City Manager shall advise the Director of Finance whether the disbursement made
or proposed is consistent with this chapter. If the CiTy Manager fails to so certify within
ten days, it shall be presumed that he has made a positive finding therein. Within five
days thereafter, the Director of Finance shall, if a positive finding has been made or
presumed, approve payment as requested.
16.60.160 -Controlling State Law.
The provisions of this chapter and any resolution adopted pursuant hereto shall at all
times be subject and subordinate to the provisions of the Quimby Act, as the same presently
exists or may hereafrer be amended from time to time, to the extent the same aze applicable. In
the event of any conflict between the provisions of this chapter and state law, the latter shall
conuol.
SECTION II:
Should any section, subsection, clause, or provision of this Ordinance for any reason be
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the
validity or constitutionaliTy of the remaining portions of this Ordinance; it being hereby expressly
declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof
would have been prepazed, proposed, approved and ratified irrespective ofthe fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Ordinance No. OS-20 12
SECTION III:
A smmnary 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 fifteen(15) 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 its passage in a newspaper of general circulation
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 the adopted Ordinance along with the names ofthose CiTy Council members voting
for and against the Ordinance in accordance with Govemment Code Section 36933.
ADOPTED this l lth day of February 2020.
Mark A. Murphy, Mayor, i f Orange
ATTEST:
Il.lAMtLd I.lt a vl _
Pamela Coleman, CiTy Clerk, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I, PAMELA COLEMAN, City Clerk of the City of Orange, Califomia, do hereby certify
that the foregoing Ordinance was introduced at the regulaz meeting ofthe City Council held on the
14th day of January 2020 and thereafter at the regulaz meeUng of said City Council duly held on
the l lth day of February 2020, was duly passed and adopted by the following vote, to wit:
AYES:COLTNCILMEMBERS: Alvarez, Murphy,Nichols, Monaco
NOES:COUNCILMEMBERS: None
ABSENT: COiJNCILMEMBERS: None
ABSTAIN: COiTNCILMEMBERS: None
Pamela Coleman, City Clerk, City of range
Ordinance No. 05-20 13