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ORDINANCE NO, 3334
<br />AN ORDINANCE OFTHE COUNTY Or ORANGE,
<br />CALIFORNIA, AMENDING SECTION 7.9-316 OF THE
<br />CODIFIED ORDINANCES OF THE COUNTYOF
<br />ORANGE RELATING TO MAJOR THOROUGH FARES
<br />AND BRIDGE FEES
<br />The Board of supervisors of the County of Orangc, California, does
<br />ordain as follows
<br />SECTION 1. Section 7A -316 critic Cod ined Ordinances of the County of
<br />Orange Is amended to read as follower
<br />Sec 74-316. Major thoroughfare and bridge fee.
<br />A . Asubdivider fear, Asa condition ofapproval are final or parcel map,
<br />Or a building prmil applicant am a rPndJtl,,n of Issuance of o building
<br />Perm B. shall pay a fee as honingil" cstabHNhd m convoy ills rwatx of
<br />constructing bridges over waterways, call waYa, Dcowayr and canyons, or
<br />sonstrue0ng major thoruugararna
<br />It Definitions.
<br />Ill The term "construction" as used in this section Includes prulimin
<br />ary studies, deals,, x,cul0itm ofrightobwal, udminislru(fon of construe.
<br />tlon contracts, and arlual construction
<br />(2) The term "major thmnughlarc "hneane those roads designated its
<br />ways onhel Messer Plan or Arne, lot Highway%, tins C rrolxt v, Elunn'nllguf
<br />the General Plan The printery purpose of such roads is to rur.1 through
<br />traffic and provide a network runnpctinp In and Including Ilse Stute high
<br />wary system
<br />(3) "Bridge facilities" mean hose localians identified in the transpor
<br />tallon or nnod control provisions critic Circulation Element ur other ele.
<br />ment of the General Plan as requiring x bridge to span a waterway, a
<br />railway. freeway, or canyon
<br />(1) "Area ofbenenl" means u specified ore, wherein 11 has been dole.
<br />mined that the real properly located [net old will benefit front the ronstrur.
<br />Lion of a major Ihoroughfam or bridge project
<br />c The major horoughfary nr hndge Wciluym ustbt�,n inch dud IApply u clement of
<br />the Gen 0Call Plan adopted by' the Board of Sapervisors at luust thirty (30)
<br />days prior to the filing or map or application for a building permit and no
<br />Land located within the boundaries of the at of benont.
<br />d. Payment of fees Nha 11 not be rarptlrcit unless anv of sJaI (he rough
<br />Ares are In addition lo, or a widening 01 rernnsllvcton of. Any existing
<br />major thoroughfares serving Ihr area of the (lino of the adoption of the
<br />boundaries of the area ,fir hnn.m
<br />rn,en, m was a n a I I net t be I'o11aIrod unn vas any planned brfdge
<br />1. is an original bridge sening the afro or on addition loan exixllM
<br />1 facility all lug the area at the limrofihu adoption of the bnesdo rtes
<br />area of benefit.
<br />Action to establish an Arco ofboner, I maybe Intl ial Id bylhe Board of
<br />visors upon Its own motion or upon the rveommendalion f the Diree.
<br />adloume or special meeting The planning Comm ssmn'atramlmen aaumd
<br />neomadendatione and the Director. Eodronmenlxl Ma nogrment Agency's
<br />report shall it transmitted to the Bnurd of Supervisors. The Board of
<br />Supervisors will act a placer hearing for-
<br />Notice each proposed area bonefitted
<br />of the time and plate of sold hearing, including preliminary Inrnn
<br />motion related tothe boundoriesnflhc area orbencnt.esim aid costs and
<br />W method of fee apportionment, shall be glen by nisi class mull addres
<br />red to each owner as shown On the lost equalised assessment roll orproprr.
<br />V within the proposed area of benefit .
<br />g Of Al the public hearing Elie Bnurd O(SUpervnso's will consider the
<br />lBtiehony, written protests, And Other evidence At the conrlwion of the
<br />Public hearing the ROArd of Supervisors may, unless a majority written
<br />Protest is filed and not withdrawn as specified in aecliun g. 131, estah)ish an
<br />area of benefit, If erlabhshrd, Iho Board of SwPCrvi"ll" shall adept a
<br />resolution describinglhe boundaries mflhe an.. ofbcneni, se0ina forth the
<br />met. whether actual or estimated, and the method offeu apportionment. A
<br />ermined copy ofsuch resolution shall be recorded with he Cnuno Reeop
<br />der of the Orange County.
<br />(2) Such apportioned fees shall be applicable to all properly within the
<br />areaofbenenl and shall be payable B e con liliunohppr...I nfn anal mop.
<br />crass condition of isming a building pormil for such property or portions
<br />lberoof When the area of benefit includes I ands not subjecl to the payment
<br />Of fees pursuant (-this section. the Board of Supervisors 11,111 ma ko prori.
<br />sines for payment orlhe share of tmprooment cost appurlhmed In such
<br />lands rrom other sources. -
<br />(5) Written prnlest shall be recoled by l he Clerkorthe Boa rd ofSuper•
<br />vtsOn at any time prior to the rloso ufthe public hearing Rwrittenprolesls
<br />art flied by the owners of morn than Ono -1,A if of the arvn of this props Ivy to
<br />tot er ll
<br />104A to by lhu prolessto less (halt onchalf f
<br />I" use fo..be benefited, then Ihr proposed proceedings shall ue Abe,.
<br />doned.and the Board nfSupervisonshail nil. Toone yard from Ifir filing df'
<br />laid Imp ove protests, commence or Carry on any proceedings for the sAme.
<br />Improvement undo lire provisions of this section, unless the protests arc
<br />Overruled by an dRrmalivc vole or faurfinhs of (his Board of Supt rvi eon.
<br />Any protests maybe withdrawn by the ownus making he same. In writing, at
<br />any time prior to the close of the public meeting.
<br />(a) If any mAJorilY protest is directed agnmhd Only A portion of the
<br />%eel oa to conscurl that portion of tthe Ilmprovnmonlhso profieNed agailrrsl
<br />shall be barred for a period nfume,vusr, bill Ibis Bnd,d ufSu nnvlNmr N i nil
<br />not be barred from commencing new proceedings not Inch, d)Cr lstypart of
<br />the Impmvemenl so protested against Such Proceedings shall be cam, .
<br />menced by a new notice and Public hearing as act forth In suh,,clion (n
<br />above
<br />(5) Nothing In this section shall prohibit the Board of Supervisors,
<br />within such one-year period, from commencing and carrying on new pro.
<br />ceedi ngs ror the Construction Oran improvement or portion of the Improve•
<br />men0 to protested %gal fill If It find, by the Affirmative vote Of four•nrlh of
<br />hr members that the owners of more than one +Half of the area f the
<br />property to be benefited am In favor fir going forwanl with such Improve.
<br />ment or portion thersor
<br />bridge facility Paid major thoroughfare section
<br />Nntl shall fund. shill beeestablished for
<br />Bch planned bridge facility project or each planned major thoroughfare
<br />project. If the area of benonl Is one In which more than one bridge or major
<br />thoroughfare IS required 11 be I ... inciedr a separate fund may be errsb.
<br />lishod covering allorhc bridge proJoclsormsJorthoroughfaresin the area
<br />of bane RI, Ifthe arse of benefit encompasses one or more holdups And ^n.A
<br />mass Ana vnorougmares, a single fund
<br />MAY be established to Account for fees paid Moneys in such fund shall be
<br />sxpanded solely for the construction or reimbwrse meat to, construction of
<br />The Board of Supervisors may approve the acceptance ofcondden•
<br />In lieu of the payment Of loos established herein.
<br />The Board of Supervisor% may approve the advancement of money
<br />the General Fund or Road Fund to pay the costa of constructing the
<br />1vemenla covered herein and may reimburse the General Fund or
<br />Fund for such advances from planned bridge facility or major Iliac•
<br />are ELnds established pursuant to this section
<br />f f the subdivider B a condition of appro,,J Of theaubdivision or the
<br />Ing permit applicant is a condition or the Issuance of the building
<br />It, Is required or desires to construct A bridge or major thoroughfare,
<br />card of Supervisor. may enter into a. reimbursement agreement with
<br />rbdfvidor or building . permit applicant Such agroemem may prgvlde
<br />kvments to the subdivider or appllrim from the bridge facility or
<br />thoroughfare farad covering that specific Project to reimburse the
<br />v lit., n.o n1i.....I r <___.•__ ....
<br />thoroughfare fund covers mars than One project; reimbursement, or halljbe
<br />made on a pro rate bade renechng the arlual or estimated coati of the
<br />Projects covered by lac Nnit.
<br />SECTION 2. This Ordinance shall take effect and be In full force thirty
<br />(30) days from and arise Its Passage and; before the expiration f RRcon (161
<br />days aver the passage thereof, shell be published once In the Saddleback
<br />Valley News, a newspaper published In The County of Orange, State of
<br />.California, together with the name, of the members of the Board of Super•
<br />visors voting for or sgairial the same.
<br />Chairman or the Bard of Supervisors
<br />SIGNED AND CERTIFIED THAT A COPY of Orange. county, California
<br />OF THIS DOCUMENT HAS BEEN DELIVERED
<br />TO THE CHAIRMAN OF THE BOARD
<br />LINDA D. ROBERTS
<br />(SEAL)
<br />Clark Of the Board of Supervisors
<br />County of Orange, California.
<br />STATE OF CALIFORNIA I
<br />Its.
<br />COUNTY OF ORANGE. 1
<br />i, LINDA b ROBERTS, Clerk . of the Board of Supervisors, do hereby
<br />Certify that at A regular 1111112 of the Board of Supervisors of Orange
<br />Dounly,.Callfomla, hold on the 20th day of August, 1065, the foregoljsg .
<br />ordinance contain inglwo gr sections was passed and adoplad by the follow
<br />Ing vote:
<br />AYES: SUPERVISORS RALPH D. CLARK HARRIETT M. WEEDER,
<br />ROGER It STANTON, BRUCE NESTANDB
<br />AND THOMAS. F. RILEY
<br />NOES: SUPERVISORS NONE
<br />ABSENT: SUPERVISORS NONE
<br />IN WITNESS WHEREOF, I have hereunto let my hand and affixed the
<br />Official seal or the Board or Supervisors or the County of Orange. Stale of
<br />California, this 2011, day of August, 1005.
<br />(SEAL) LINDA D ROBERTS
<br />Clerk of the Board of Supervisors of
<br />STATE OF CALIFORNIA 1 Orange County, California
<br />I If
<br />COUNTY OF ORANGE 1
<br />1. LINDA D. ROBERTS.. Clerk orhe Hoard of Supervisors, do hereby
<br />certify that at regular meeting or the Board of Supervhoe of Orange
<br />County, Ostrom a. held on the 10th day OfSepumtler, 1006, the foregoing
<br />ordinance containing two . (2) sections was paned and readopted by the
<br />following vale:
<br />AYES:., SUPERVISORS THUMAS F. RILEY. ROGER R. STANTON,
<br />HARRIETT M. WEEDER. BRUCE NESTANDE
<br />AND RALPH H. CLARK
<br />NOES: SUPERVISORS NONE
<br />ABSENT: SUPERVISOR'S NONE
<br />IN WITNESS WHEREOF, I have hereunto rat mynanu and affixed the
<br />official real otthe. Board of Supervisors of the County of Orange, State of
<br />CplfoinIa. this 1011, day of Be Ole mber,10M
<br />(SEAL,) LINDA D ROBERTS
<br />Clerk of the Board of Soporid on of
<br />Published: Saddleback Valley News Orange County, Callfornls
<br />September 11, INS
<br />#0310
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