Chapter 12.52 — RIGHT-OF-WAY DEDICATION AND PUBLIC INFRASTRUCTURE IMPROVEMENTS

As the City's public infrastructure provides for the safe and expeditious movement of vehicular and pedestrian traffic; the means for the distribution and delivery of goods and services; and for the circulation and accessibility to buildings, structures and properties for fire, police and public service vehicles and personnel, the City Council has determined that each property within the City, as a beneficiary of the public infrastructure, must also share in the responsibility for the development and extension of that infrastructure. This accommodation shall be achieved through the dedication, in fee simple or easement, and/or improvement to prescribed standards, of public and private property for the public use as streets and highways, curbs and gutters, sidewalks, drainage facilities, driveways, street lights and street trees, and for public utility purposes, and the City Council has determined that they may forbid the erection, construction, enlargement, repair or improvement of buildings or structures unless, when required within the dictates of this chapter, property and/or improvements for the development or extension of the City's public infrastructure are provided.

(Ord. 16-00)

• A. On any property abutting an existing or proposed street(s) no building permit or other applicable City approval shall be issued, for the erection, construction, enlargement or change of use of any building, structure or facility, nor for any alteration or repair, that will burden the adjacent public infrastructure until the owner of the lot on which such work is proposed, first dedicates for public use (unless such dedication has previously been made in total) that street right-of-way commensurate with one or more of the requirements of the following street classifications or special conditions:

  1. Arterial Highway. As identified by Section 12.52.022 Arterial Streets of the Orange Municipal Code and described by the Master Plan of Streets and Highways as contained in the Circulation and Mobility Element of the General Plan of the City of Orange as adopted on March 9, 2010 and as subsequently amended; or

  2. Hillside. An arterial or local street that is topographically restricted may qualify for reduced street right-of-way dedication as defined in the City of Orange Department of Public Works–Standard Plans and Specifications, current edition; or

  3. Street Width Exceptions. Those streets or street sections thereof identified in Section 12.52.024 Street Width Exceptions; or

  4. Critical Intersections. Those streets constituting the legs of a critical intersection as identified in Section 12.52.026 Critical Intersections; or

  5. Collector Streets. Streets not classified as arterial streets are therefore designated as local streets, and shall have a minimum street right-of-way dedication requirement of 60 feet; or

  6. Americans with Disabilities Act. Special requirements as determined by the Director of Public Works necessary to comply with regulations concerning handicapped

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City of Orange, CA § 12.52.020

ORANGE CODE

§ 12.52.022

persons as imposed by the State of California; and

7. Corner Cut Offs. Each corner of an intersection dedication of sufficient street rightof-way shall be required, as defined in the Department of Public Works–Standard Plans and Specifications–Corner Cut Offs, to provide a minimum curb return with a radius of not less than 32 feet. The Director of Public Works may, to accommodate certain traffic requirements or theme development standards, increase or decrease the requirements stated in this paragraph to not less than the right-of-way necessary to accommodate a 25 foot radius curb return or not greater than a 50 foot radius curb return.

• B. Unless otherwise specified in Section 12.52.024 Street Width Exceptions, or in special topographic conditions as defined by Department of Public Works–Standard Plans and Specifications, or in relation to a critical intersection as defined in Section 12.52.026 Critical Intersections, right-of-way shall be equal and symmetrical from both sides of the centerline of a respective street.

• C. The provisions of this or succeeding sections do not preclude the possible requirement by the Director of Public Works for additional street dedication necessary to implement street realignments, special traffic operations enhancements or safety related design features such as bus bays, turn lanes, parking bays, sight distance clearance zones, etc., although such features may not be specifically identified or required in conjunction with sections in this chapter.

• (Ord. 16-00; Ord. 8-13, 2013)

The following arterial streets and highways are contained in the Circulation and Mobility Element of the City of Orange General Plan as adopted on March 9, 2010 and as subsequently amended. Dedication of right-of-way as indicated is required to be commensurate with the respective street classification unless identified as an exception per Section 12.52.024 Street Width Exceptions, or unless identified as a critical intersection per Section 12.52.026 Critical Intersections. Right-of-way requirements for critical intersections as identified in Section 12.52.026 Critical Intersections are in addition to the requirements for arterial streets.

• A. Principal Arterial. Eight travel lanes divided. Required right-of-way dedication varies 134 feet to 144 feet.

  1. Chapman Avenue—SR-55 NB Ramps to Prospect Street;

  2. Main Street—Town & Country Road to La Veta Avenue;

  3. The City Drive—Metropolitan Drive to Orangewood Avenue.

• B. Major Arterial. Six travel lanes divided.

  1. Required right-of-way dedication of 120 feet.

     • a. Jamboree Road—South City Limits to Santiago Canyon Road;

     • b. Katella Avenue—West City Limits to SR-55 NB Ramps;

     • c. Santa Ana Canyon Road—Nohl Ranch Road to North City Limits.

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City of Orange, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.52.022

§ 12.52.022

2. Required right-of-way dedication of 110 feet (Including Bike Lane).

   • a. Cannon Street—Santiago Canyon Road to Via Escola;

   • b. Chapman Avenue—Hewes Street to Canyon View Avenue;

   • c. Chapman Avenue—Newport Boulevard to Jamboree Road;

   • d. Glassell Street—Katella Avenue to Taft Avenue;

   • e. Katella Avenue—Handy Street to Wanda Road;

   • f. La Veta Avenue—West City Limits to Main Street;

   • g. Lincoln Avenue—West City Limits to Santiago Boulevard;

   • h. Main Street—Palm Avenue to Collins Avenue;

   • i. Meats Avenue—Tustin Street to SR-55 NB Ramps (Future);

   • j. Orangewood Avenue—Anaheim Boulevard to State College Boulevard;

   • k. Orangewood Avenue—Eckhoff Street to Main Street;

   • l. Santiago Canyon Road—Hewes Street to Jamboree Road;

   • m. Santiago Canyon Road—Jamboree Road to SR-261 Ramps;

   • n. Taft Avenue—West City Limits to Tustin Street;

   • o. The City Drive—Garden Grove Boulevard to Metropolitan Drive (No Bike Lane).

3. Required right-of-way dedication of 100 feet.

   • a. Chapman Avenue—West City Limits to Main Street;

   • b. Chapman Avenue—Tustin Street to SR-55 NB Ramps;

   • c. Chapman Avenue—Prospect Street to Hewes Avenue;

   • d. Katella Avenue—SR-55 NB Ramps to Handy Street;

   • e. La Veta Avenue—Main Street to Batavia Street;

   • f. Main Street—La Veta Avenue to Palm Avenue;

   • g. Tustin Street—Fairhaven Avenue to Riverdale Avenue.

• C. Primary Arterial. Four travel lanes divided.

  1. Required right-of-way dedication of 100 feet.

     • a. Canyon View Avenue—Chapman Avenue to Jamboree Road;

• b. Chapman Avenue—Canyon View Avenue to Newport Boulevard;

  • c. Garden Grove Boulevard—Lewis Street to The City Drive;

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City of Orange, CA

ORANGE CODE

§ 12.52.022

§ 12.52.022

• d. Glassell Street—Taft Avenue to North City Limits;

• e. Main Street—Collins Avenue to Taft Avenue;

• f. Newport Boulevard—South City Limits to Santiago Canyon Road;

• g. Orangewood Avenue—SR-57 SB Ramps to Eckhoff Street;

• h. Santiago Canyon Road—SR-261 NB Ramps to East City Limits;

• i. Town & Country Road—Main Street to Parker Street;

• j. Glassell Street—Collins Avenue to Katella Avenue.

2. Required right-of-way dedication of 86 feet (Includes Bike Lane).

   • a. Batavia Street—Taft Avenue to Lincoln Avenue;

   • b. Collins Avenue—Handy Street to Bond Avenue;

   • c. Glassell Street—SR-22 WB Ramps to La Veta Avenue;

   • d. LaVeta Avenue—Batavia Street to Parker Street;

   • e. Meats Avenue—SR-55 NB Ramps (Future) to Santiago Boulevard;

   • f. Memory Lane—Lawson Way to Town & Country Road;

   • g. Prospect Street—Chapman Avenue to Bond Avenue;

   • h. Santiago Boulevard—Katella Avenue to Taft Avenue;

   • i. Serrano Avenue—Cannon Street to East City Limits.

3. Required right-of-way dedication of 80 feet.

   • a. Batavia Street—Walnut Avenue to Taft Avenue;

   • b. Chapman Avenue—Main Street to Lemon Street;

   • c. Chapman Avenue—Grand Street to Tustin Street;

   • d. Collins Avenue—Eckhoff Street to Handy Street;

   • e. La Veta Avenue—Parker Street to Glassell Street;

   • f. Glassell Street—Walnut Avenue to Collins Avenue.

• D. Secondary Arterial. Four travel lanes undivided.

  1. Required right-of-way dedication of 86 feet (Includes Bike Lane).

     • a. Batavia Street—La Veta Avenue to Chapman Avenue;

     • b. Cambridge Street—Katella Avenue to Meats Avenue;

     • c. Cannon Street—Chapman Avenue to Santiago Canyon Road;

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City of Orange, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.52.022

§ 12.52.022

• d. Esplanade Street—Fairhaven Avenue to La Veta Avenue;

• e. Fairhaven Avenue—West City Limits to Hewes Street;

• f. Fletcher Avenue—Batavia Street to Glassell Street;

• g. Hewes Street—Fairhaven Avenue to Bond Avenue;

• h. La Veta Avenue—Tustin Street to Esplanade Street;

• i. Lewis Street—Garden Grove Boulevard to Metropolitan Drive;

• j. Meats Avenue—Glassell Street to Tustin Street;

• k. Meats Avenue—Santiago Boulevard to North City Limits;

• l. Nohl Ranch Road—Santiago Boulevard to East City Limits;

• m. Parker Street—Town & Country Road to La Veta Avenue;

• n. Prospect Street—Fairhaven Avenue to Chapman Avenue;

• o. Santiago Boulevard—Taft Avenue to Lincoln Avenue;

• p. Spring Street—Prospect Street to Hewes Street;

• q. Taft Avenue—Tustin Street to Santiago Boulevard;

• r. Via Escola—Meats Avenue to Cannon Street;

• s. Wanda Street—Collins Avenue to Katella Avenue (No On-Street Bike Lane).

2. Required right-of-way dedication of 80 feet.

   • a. Batavia Street—Chapman Avenue to Walnut Avenue;

   • b. Bond Avenue—Prospect Street to Rancho Santiago Boulevard;

   • c. Crawford Canyon Road—South City Limits to Chapman Avenue;

   • d. Eckhoff Street—Orangewood Avenue to Collins Avenue;

   • e. Esplanade Street—La Veta Avenue to Chapman Avenue;

   • f. Hewes Street—Bond Avenue to Santiago Canyon Road;

   • g. La Veta Avenue—Glassell Street to Cambridge Street;

   • h. Lawson Way—Memory Lane to Town & Country Road;

   • i. Lewis Street—Metropolitan Drive to North City Limits;

   • j. Metropolitan Drive—Lewis Street to The City Drive;

   • k. Metropolitan Drive (Future)—The City Drive to Chapman Avenue;

   • l. Orange-Olive Road—Taft Avenue to Riverdale Avenue;

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City of Orange, CA

ORANGE CODE

§ 12.52.022

§ 12.52.024

• m. Rampart Street—Chapman Avenue to Orangewood Avenue;

• n. Riverdale Avenue—Glassell Street to East City Limits;

• o. Yorba Street—Fairhaven Avenue to Chapman Avenue.

• E. Collector Street. Two travel lanes.

  1. Required right-of-way dedication of 66 feet (Includes Bike Lane).

     • a. Cambridge Street—Fairhaven Avenue to Katella Avenue;

     • b. Glassell Street—La Veta Avenue to Walnut Avenue;

     • c. Handy Street—Walnut Avenue to Katella Avenue;

     • d. Rancho Santiago Boulevard—Chapman Avenue to Hewes Street;

     • e. Spring Street—Hewes Street to Rancho Santiago Boulevard;

     • f. Taft Avenue—Santiago Boulevard to West Villa Park City Limit;

     • g. Taft Avenue—East Villa Park City Limit to Cannon Street;

     • h. Walnut Avenue—Main Street to Rancho Santiago Boulevard.

  2. Required right-of-way dedication to 60 feet.

     • a. Almond Avenue—Main Street to Cambridge Street;

     • b. Amapola Lane—Orange Park Boulevard to Santiago Canyon Road;

     • c. Chapman Avenue—Lemon Street to Grand Street;

     • d. Eckhoff Street—Chapman Avenue to Walnut Avenue;

     • e. Flower Street—La Veta Avenue to Chapman Avenue;

     • f. Grand Street—La Veta Avenue to Palm Avenue;

     • g. Heim Avenue—Orange-Olive Road to Tustin Street;

     • h. Lemon Street—La Veta Avenue to Walnut Avenue;

     • i. Orange Park Boulevard—Chapman Avenue to Santiago Canyon Road;

     • j. Palm Avenue—Main Street to Tustin Street;

     • k. Palmyra Avenue—Batavia Street to Tustin Street;

     • l. Shaffer Street—La Veta Avenue to Katella Avenue;

     • m. Struck Avenue—Katella Avenue to Main Street;

• n. Villa Real Drive—Santiago Boulevard to Nohl Ranch Road.

• (Ord. 16-00; Ord. 8-13, 2013)

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City of Orange, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.52.024

§ 12.52.024

The following streets have right-of-way width dedication requirements that differ from the requirements specified in Section 12.52.022 Arterial Streets. These streets and requirements are:

• A. Cannon Street.

  1. From Cliffway Drive to 1,280 feet north of Cliffway Drive

     • a. Shall have a width of 75 feet;

     • b. 41 feet on the west side of the centerline;

     • c. 34 feet on the east side of the centerline.

• B. Chapman Avenue.

  1. From Lemon Street to Atchison Street shall have a width of 66 feet.

  2. From Atchison Street to Clark Street shall have a width of 76 feet.

• C. La Veta Avenue.

  1. From Shaffer Street to Orange Street

     • a. Shall have a width of 60 feet;

     • b. 30 feet on the north side of centerline;

     • c. 30 feet on the south side of centerline.

  2. From Orange Street to Glassell Street

     • a. Shall have a width varying from 70 feet at Orange Street to 80 feet at Glassell;

     • b. 40 feet on the north side of centerline;

     • c. 30 to 40 feet on the south side of centerline.

  3. From Main Street to 300 feet west of Main Street

     • a. Shall have a width varying from 110 feet at Main Street to 100 feet at 300 feet west of Main Street;

     • b. 50 feet on the north side of centerline, 60 to 50 feet south of centerline.

• D. Main Street. From Orangewood Avenue to 30 feet south of Maple Avenue shall have a width of 100 feet; 40 feet east of the centerline, 60 feet west of the centerline.

  1. From 330 feet south of Maple Avenue to 480 feet south of Maple Avenue

     • a. Shall have a width varying from 100 feet to 110 feet;

     • b. 60 feet west of the centerline and varying on the west side of the centerline from 40 feet at 330 feet south of Maple Avenue to 50 feet at 480 feet south of Maple Avenue.

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City of Orange, CA § 12.52.024

ORANGE CODE

§ 12.52.026

2. From La Veta Avenue to 260 feet south of La Veta Avenue shall have a width of 120 feet; 70 feet west of the centerline, 50 feet east of the centerline.

• E. Nohl Ranch Road.

  1. From Maple Tree Circle to East City Limits shall have a width of 60 feet; 34 feet on the west side of the centerline, 26 feet on the east side of the centerline.

• F.

• Serrano Avenue.

1. From Cannon Street to Mount McKinley Boulevard shall have a width of 81 feet; 44 feet on the south side of the centerline, 37 feet on the north side of the centerline.

2. From Mount McKinley Boulevard to East City Limits

   • a. Shall have a width varying from 81 feet to 69 feet;

   • b. 44 feet to 38 feet on the south side of the centerline;

c. 37 feet to 25 feet on the north side of the centerline. (Ord. 16-00; Ord. 8-13, 2013)

• A. The City Council has determined that the following intersections require additional street right-of-way dedication to accommodate the existing or anticipated traffic demands at the intersections. To address this determination, the following intersections have been designated critical intersections and incorporated into the Circulation and Mobility Element of the City of Orange General Plan adopted March 9, 2010, and as subsequently amended. The additional street right-of-way required for the critical intersections is denoted on schematic plans of each intersection on file in the Office of the City Traffic Engineer:

Tustin Street and Lincoln Avenue

Tustin Street and Heim Avenue

Tustin Street and Meats Avenue

Tustin Street and Taft-Briardale Avenue

Tustin Street and Taft Avenue

Tustin Street and Katella Avenue

Tustin Street and Collins Avenue

Tustin Street and Walnut Avenue

Tustin Street and Chapman Avenue

Tustin Street and La Veta Avenue

Tustin Street and Fairhaven Avenue

Glassell Street and Lincoln Avenue

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City of Orange, CA

§ 12.52.026

§ 12.52.026

STREETS, SIDEWALKS AND PUBLIC PLACES

Glassell Street and Taft Avenue Glassell Street and Katella Avenue Glassell Street and Collins Avenue Glassell Street and Walnut Avenue Glassell Street and La Veta Avenue Katella Avenue and NB SR-55 Ramps Katella Avenue and SB SR-55 Ramps Batavia Street and Lincoln Avenue Batavia Street and Taft Avenue Batavia Street and Katella Avenue Batavia Street and Collins Avenue Main Street and Taft Avenue Main Street and Katella Avenue Main Street and Struck Avenue Main Street and Collins Avenue Main Street and Walnut-Orangewood Avenue Main Street and Chapman Avenue Main Street and La Veta Avenue Meats Avenue and Santiago Boulevard State College Boulevard and Orangewood Avenue The City Drive and Chapman Avenue Santiago Boulevard and Lincoln Avenue-Nohl Ranch Road Jamboree Road and Chapman Avenue Orangewood Avenue and Eckhoff Street Orangewood Avenue and SB SR-57 Orangewood Avenue and NB SR-57 Cambridge Street and Katella Avenue Cannon Street and Serrano Avenue Chapman Avenue and Lewis Street

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City of Orange, CA

ORANGE CODE

§ 12.52.026

§ 12.52.030

Chapman Avenue and SB SR-57 Ramps

Chapman Avenue and Prospect Street

Chapman Avenue and Hewes Street

Chapman Avenue and Cannon Street

Chapman Avenue and Canyon View Avenue

Chapman Avenue and Newport Boulevard

Santiago Canyon Road and Cannon Street

Wanda Road and Villa Park Road/Katella Avenue

• B. The standard width for right turn lanes shall be a minimum of 12 feet, left turn lanes of 11 feet, through lanes adjacent to the center raised median 12 feet, through lanes adjacent to a bike lane 12 feet and other through lanes 11 feet. Any exception to the above standard shall be determined by the City Traffic Engineer per location special circumstances. The street center line shall stay the same at all locations.

• C. The turn lanes length for the critical intersections that are not depicted on the available intersection geometric diagrams shall be determined by the City Traffic Engineer based on the forecasted peak hour traffic volumes.

• D. The proposed sidewalk width shall be a minimum of eight feet, existing width prior to relocation or per the available City standard plans and specifications. The City shall make the final determination. The proposed corner cut-off shall be per the City Standard Plan No. 120.

• (Ord. 16-00; Ord. 8-13, 2013)

• A. Any owner, lessee or agent thereof who performs or causes to be performed work involving the erection, construction, enlargement or change of use of any building, structure or facility or causes alterations or repairs that will burden the adjacent public infrastructure shall make the following improvements:

  1. Sidewalks or repair or replacement of existing sidewalks that are broken or deteriorated; and

  2. Curbs and gutters or repair or replacement of existing curbs and gutters that are broken or deteriorated; and

  3. Roadway pavement; and

  4. Driveway approaches, including repair or replacement of existing driveway approaches that are broken or deteriorated and removal of abandoned driveway approaches and replacement with standard curb, gutter and sidewalks; and

  5. Necessary drainage facilities; and

  6. Street trees or replacement of existing street trees as determined by the Superintendent of Street Trees; and

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City of Orange, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.52.030

§ 12.52.060

7. Underground-serviced street lighting system dedicated to the City, as approved by the City Traffic Engineer.

• B. Other provisions of this section notwithstanding, the Director of Public Works may require that sidewalks, curbs and gutters or driveway approaches determined to be broken or deteriorated shall be repaired or replaced, or appropriate bond posted, before the issuance of a building permit for structural construction, repairs or modification including patios, spas and swimming pools. Building or other construction permits to replace or repair roofs or to install only fixtures, such as air and water heaters and air conditioning units, are specifically exempted from the requirement of this paragraph.

• (Ord. 16-00)

• A. All public infrastructure improvements required under Section 12.52.030 shall be designed and constructed in accordance with the standards of the Department of Public Works of the City of Orange. The Director of Public Works may require that plans be prepared by a registered civil engineer showing line and grade of the public improvements required to be constructed by Section 12.52.030.

• B. The public infrastructure improvements required under Section 12.52.030 shall be completed within the time specified by the Director of Public Works, including any extensions approved in writing by the Director of Public Works.

• C. Final building inspection shall not be authorized nor final release of utilities issued until the requirements of this section have been met to the satisfaction of the Director of Public Works.

• (Ord. 16-00)

• A. The cost of public infrastructure improvements required by Section 12.52.030 shall be estimated in writing by the Director of Public Works and the cost of same shall be secured by a form of improvement security to be posted by the owner, lessee or agent of the property, prior to the issuance of the building permit or other applicable City approval. The security shall be equal to the total estimated cost of the improvement plus 15% to cover the cost of engineering and inspection. Said improvement security may be cash, surety bond or such other form of instrument authorized by law and approved in advance for such purpose by the Director of Public Works and the City Attorney.

• B. If the required public infrastructure improvements are not done or completed within the time specified, the Director of Public Works is hereby authorized to have the required improvements done and completed and to use any funds posted as security for said improvements to reimburse the City for the costs of completing the work. In the event that a surety bond is posted to guarantee construction, the Director of Public Works shall cause the necessary steps to be taken to recover the funds from the individual or company which serves as surety to reimburse the City for the costs of completing the improvements.

• (Ord. 16-00)

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City of Orange, CA § 12.52.060

ORANGE CODE

§ 12.52.070

Normally, the owner, lessee or agent of the property will post the required security for the public infrastructure improvements, obtain the building permit and then proceed with making the improvements as the construction project for which the building permit was issued progresses. When the construction project is completed and the improvements are done and accepted by the City, the security is then released. There is an exception to this procedure, however, which requires full payment of the estimated cost of the improvements instead.

The Director of Public Works may require full payment of the estimated cost of the public infrastructure improvements when he or she has determined that the safe and orderly development of the adjacent street can be accomplished best when the public infrastructure improvements for more than just one lot are made or when allowing individual owners to make the public infrastructure improvements as single lots are developed may create unsafe traffic, drainage or other problems.

In that case, the owner, lessee or agent of the property shall make full payment of the estimated cost of the improvements to the City, which payment shall be maintained in a separate fund. When the improvements can be made safely, the City will cause the improvements to be made, financed in whole or in part with the money received from the various owners who have contributed to that fund. When an owner, lessee or agent of the property pays the estimated cost of improvements in full, he or she, his/her heirs, assigns and successors in interest to the property shall not be required to make additional payments to accomplish the same improvements. (Ord. 16-00)

• A. The owner, lessee or agent of the property may request in writing to the Director of Public Works that the requirements for dedication and improvements as provided in this chapter be excepted entirely or suspended in whole or in part. Such written request shall set forth the reasons why enforcement of the requirements for dedication or improvements would be impractical or impossible or cause extreme and undue hardship upon the owner, and shall be based upon in-depth technical analysis pursuant to sound engineering principles, which analysis demonstrates that said provisions may be reduced or eliminated. The Director of Public Works shall notify the owner of his or her decision within 10 working days after receipt of the written request.

• B. If the Director of Public Works denies the owner, lessee or agent's request for exception or suspension of the requirements of this chapter, the owner, lessee or agent may appeal that decision to the Planning Commission or City Council, as appropriate for the project.

• C. When the Director of Public Works finds that a street upon or adjacent to which the required public infrastructure improvements are to be installed, varies sufficiently from the future alignment or grade so that it would not be feasible to construct such improvements and maintain access to the property, he or she may suspend the requirement for public infrastructure improvements stated in Section 12.52.030. In that case, the Director of Public Works shall require the owner to enter into an agreement providing for the installation of the improvements at such future time as may be feasible to construct such improvements in accordance with design line and grade provided by the Department of Public Works. Performance under the agreement shall be secured by a security posted in accordance with Section 12.52.050. The agreement shall run with the land and shall be a binding obligation

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City of Orange, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.52.070

§ 12.52.090

on the heirs, assigns and successors in interest of the owner. Said agreement shall be notarized and recorded in the office of the Orange County Recorder.

(Ord. 16-00)

• A. Property Owner Maintenance Responsibility. Except as provided in subsection B of this section, property owners shall perform or cause to be performed all maintenance and repair of the following public infrastructure improvements:

  1. Any portion of a sidewalk, curb, gutter, bikeway, or City trail adjacent to property owner's property, where said improvements are damaged due to property owner's action;

  2. Any driveway approach apron leading into property owner's driveway;

  3. Any parkway adjacent to property owner's property;

  4. Private trails.

• B. City Maintenance Responsibility. The City shall have the following maintenance and repair obligations:

  1. City trails, except those exempted by prior agreement;

  2. Bikeways: surface and structural sections only;

  3. Curbs and gutters.

• C. For purposes of this title, the following words and phrases shall have the following meanings:

"Curb" means a concrete or asphalt edging which defines the edge of a paved public street and may, but need not, provide drainage.

"Gutter" means a depressed, hard-surfaced area for conveying surface water, adjacent to a public street.

"Parkway" means that area from the back of the curb to the edge of the right-of-way, or if no curb exists, that area from the edge of the street to the edge of the right-of-way.

"Private trail" means any improved or unimproved right-of-way for equestrian, bicycle or pedestrian purposes, which is not referenced within the City's General Plan and its implementation documents, whether or not such right-of-way is adjacent to a street.

"Sidewalk" means any improved or unimproved pedestrian walkway within a right-of-way adjacent to a street.

• (Ord. 16-00)

The Director of Public Works of the City is authorized to accept, on behalf of the City Council, streets and roads (or portions thereof) into the City street system and to record conveyances to the City of real property interests for street and road uses and purposes. The Director of

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City of Orange, CA

ORANGE CODE

§ 12.52.090

§ 12.52.090

Public Works shall, prior to recording any conveyance under this section, affix a certificate to the instrument stating the acceptance into the City street system and designating the name or number, or both, of the City street or road.

(Ord. 15-10, 2011)

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City of Orange, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.58.010

§ 12.58.020