HomeMy WebLinkAboutORD 0948 (1985) ORDINANCE NO. 948
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN ADDING SECTION 2800 TO THE CITY CODE
ADOPTING A MAJOR THOROUGHFARE AND BRIDGE FEE
PROGRAM
WHEREAS, Government Code Section 66484.3 authorizes the City to
require by ordinance the payment of a fee as a condition of approval of a final
subdivision map or as a condition of issuing a building permit for the purpose
of defraying the cost of constructing major thoroughfares and bridges; and
WHEREAS, the City Council desires to adopt such a fee program in order
to insure that future development shall pay a share of the costs of
constructing transportation systems adequate to serve that development.
NOW, THEREFORE, the City Council of the City of Tustin hereby ordains
as follows:
SECTION 1: Section 2800 is hereby added to the City Code to read in
its entirety as follows:
"Sec. 2800. Major Thoroughfare and Bridge.. Fee".
a. A building permit applicant, as a condition of issuance of a
building permit, shall pay a fee as hereinafter established to
defray the costs of constructing bridges over waterways,
railways, freeways and canyons, or constructing major
thoroughfares.
b. Definitions.
(1) The term 'construction' as used in this section includes
preliminary studies, design, acquisition of right-of-way,
administration of construction contracts, and actual
const ructi on.
(2) The term 'major thoroughfare' means those roads designated
as tranportation corridors and major, primary, secondary, or
commuter highways on the Master Plan of Arterial Highways,
the Circulation Element of the General Plan. The primary
purpose of such roads is to carry through traffic and
provide a network connecting to the State highways system.
(3) 'Bridge facilities' means those locations identified in the
transportation or flood control pro. visions of the
Circulation Element or other element of the General Plan as
requiring a bridge to span a waterway, a railway, freeway,
or canyon.
(4) 'Area of Benefit' means a specified area wherein it has been
determi ned that the real property 1 ocated therein wi 11
benefit from the construction of a major thoroughfare or
bridge project.
) c. The provisions herein for payment of a fee shall apply only if
the major thoroughfare or bridge facility has been included in an
9. element of the City's General Plan or the General Plan of the
County of Orange adopted at least thirty {30) days prior to the
~) application for a building permit and on land located within the
boundaries of the area of benefit.
d. Payment of fees shall not be required unless any major
5 thoroughfares are in addition to, or a widening or reconstruction
of, any existing major thoroughfares serving the area at the time
{) of the adoption of the boundaries of the area of benefit.
? e. Payment of fees shall not be required unless any planned bridge
facility is a new bridge serving the area or an addition to an
8 existing bridge facility serving the area at the time of the
adoption of the boundaries of the area of benefit.
9
f. Action to establish an area of benefit may be initiated by the
10 City Council upon its own motion or upon the recommendation of
the Director of Public Works. The City Council shall set a
11 public hearing for each proposed area benefited. Notice of the
time and place of said hearing including preliminary information
12 related to the boundaries of the area of benefit, estimated costs
and the method of fee apportionment shall be given in the
13 following manner:
li (1) Notice shall be given at least ten {10} calendar days before
the hearing by the following:
15
(a) Notice published at least once in a newspaper of
1{~ general circulation within the proposed area of
benefit.
{b} Notices posted throughout the proposed area of benefit
18 with at least three (3) notices posted at arterial
highway intersections within the proposed area of
19 benefit.
90 {c) Notices sent by first-class mail addressed to each
property owner within the boundary of the proposed area
~ 9.1 of benfit.
(d) Notices sent by first-class mail to all Municipal
Advisory Committees and known Homeowners' Associations
within the proposed area of benefit.
{e} Notice by first-class mail to any person who has filed
a written request therefor with the Director of Public
Works. Such request shall apply for the calendar year
in which it is filed.
g. (1} At the public hearing the City Council will consider the
i)? testimony, written protests, and other evidence. At the
conclusion of the public hearing the City Council may,
I)8 unless a majority written protest is filed and not withdrawn
as specified in section g(3), determine to establish an area
of benefit. If established, the City Council shall adopt a
resolution describing the boundaries of the area of benefit,
setting forth the cost, whether actual or estimated, and the
method of fee apportionment. A certified copy of such
resolution shall be recorded by the City Clerk with the
Orange County Recorder's Office.
(2} Such apportioned fees shall be applicable to all property
within the area of benefit and shall be payable as a
condition of issuing a building permit for such property or
portions thereof. Where the area of benefit includes lands
not subject to the payment of fees pursuant to this section,
the City Council shall make provisions of payment of the
share of improvement cost apportioned to such lands from
other sources.
(3) Written protests shall be received by the City Clerk at any
time prior to the close of the public hearing. If written
protests are filed by the owners of more than one-half of
the area of the property to be benefited by the improvement,
and sufficient protests are not withdrawn so as to reduce
the area represented by the protests to less than one-half
of the area to be benefited, then the proposed proceedings
shall be abandoned, and the City Council shall not, for one
year from the filing of said written protests, commence or
carry on any proceedings for the same improvement under the
provisions of this section. Any protests may be withdrawn
by the owner making the same, in writing, at any time prior
to the close of the public meeting.
(4) If any majority protest is directed against only a portion
of the improvement, then all further proceedings under the
provisions of this section to construct that portion of the
improvement so protested against shall be barred for a
period of one year, but the City Council shall not be barred
from commencing new proceedings not including any part of
the improvement so protested against. Such proceedings
shall be commenced by a new notice and public hearing as set
forth in subsection (f) above.
(5) Nothing in this section shall prohibit the City Council,
within such one-year period, from commencing and carrying on
new proceedings for the construction of an improvement or
portion of the improvements so protested against if it
finds, by the affirmative vote of four-fifths of its
members, that the owners of more than one-half of the area
of the property to be benefited are in favor of going
forward with such improvement or portion thereof.
Fees paid pursuant to this section shall be deposited in a
planned bridge facility or major thoroughfare fund. A fund shall
be established for each planned bridge facility project or each
planned major thoroughfare project. If the area of benefit is
one in which more than one bridge or major thoroughfare is
required to be constructed, a separate fund may be established
covering all of the bridge projects or major thoroughfares in the
area of benefit. If the area of benfit encompasses one or more
bridges and one or more thoroughfares and all lands within the
area of benefit are subject to the same proportionate fee for all
bridges and thoroughfares, a single fund may be established to
account for fees paid. Moneys in such fund shall be expended
solely for the construcion or reimbursement for construction of
the improvements serving the area to be benefited and from which
the fees comprising the fund were collected, or to reimburse the
City for the costs of constructing the improvement.
i. The City Council may approve the acceptance of consideration in
lieu of the payment of fees established herein.
j. The City Council may approve the advancement of money from the
General Fund or Road Fund to pay the costs of constructing the
improvements covered herein and may reimburse the General Fund or
Road Fund for such advances from planned bridge facility or major
thoroughfare funds established pursuant to this section.
k. If the building permit applicant, as a condition of the issuance
of the building permit, is required or desires to construct a
bridge or major thoroughfare, the CityICouncil may enter into a
reimbursement agreement with the applicant. Such agreement may
provide for payments to the applicant from the bridge facility or
major thoroughfare funding covering that specific project to
reimburse the applicant for costs not allocated to the
applicant's property in the resolution establishing the area of
benefit. If the bridge or major thoroughfare fund covers more
than one p~ojeet, reimbursements shall be made on a pro rata
basis reflecting the actual or estimated costs of the projects
covered by the fund."
SECTION 2: This ordinance shall be in full force and effect sixty
(60) days from and after its adoption.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council
held on the '21st day of October , 1985.
Frank H. Greinke
Mayor
ATTEST:
C i ty
· STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Ordinance No. 948 was duly and regularly introduced and read at a regular meeting
of the City CounCil held on the 16th day of September, 1985, and was given its
second reading and duly passed and adopted at a regular meeting held on the 21st
day of October, 1985, by the following vote:
AYES : COUNCILPERSONS: Edgar, Greinke, Hoesterey, Kennedy
NOES : COUNCILPERSONS: Saltarelli
ABSENT: COUNCILPERSONS: None
City of TuYsN~n, California
Summaries published: Sept. 26, 1985 Oct. 31, 1985