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RESOLUTION NO. 90-50
THE RESOLUTION OF THE CITY OF TUSTIN, CALIFORNIA
ESTABLISHING THE AREAS OF BENEFIT AND APPROVING AN
INTERIM INCREASE IN DEVELOPMENT FEES OF THE MAJOR
THOROUGHFARE AND BRIDGE FEE PROGRAM FOR THE
FOOTHILL/EASTERN TRANSPORTATION CORRIDOR
WHEREAS, the City Council has previously found, pursuant
to Resolution No. 85-103 that the implementation of the
Foothill/ Eastern Transportation Corridor will help to relieve
congestion on existing transportation systems within the City;
and
WHEREAS, pursuant to Ordinance No. 948 of the City, the
city Council adopted its major thoroughfare and bridge fee
program (the "Fee Program") providing for fees (the "Development
Fees") to be paid by building permit applicants in the City; and
WHEREAS, it is now necessary to adopt an interim
increase of the Development Fees in the amounts described in
Exhibit A attached hereto and incorporated herein by reference;
and
WHEREAS, notice of a public hearing on the proposed
increase of the Development Fee was given pursuant to the
provisions of Ordinance No. 948 and Sections 66484.3 and 65962
of the Government Code of the State of California; and
WHEREAS, the property owners of a majority of the area
of benefit described below did not file written protests to the
increase of the Development Fees; and
WHEREAS, pursuant to Section 66001 of the Government
Code of the State of California, it is necessary that the City
make certain findings in connection with the increase of the
Development Fees.
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
Section 1. The boundaries of the Area of Benefit shall
be those portions of the real property located in the City of
Tustin which are described in the Major Thoroughfare and Bridge
Fee Program for the Foothill/Eastern Transportation Corridor
(the "Fee Program") attached as Exhibit A to the First Amended
and Restated Joint Exercise of Powers Agreement Creating the
Foothill/Eastern Transportation Corridor Agency, dated as of
October 21, 1988 (the "JPA"). The Fee Program and the JPA are
on file in the City Clerk's office and are incorporated herein
by reference.
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Section 2. ~he estimated cost of these major
thoroughfares and bridges to be constructed pursuant to the Fee
Program and the JPA, excluding financing costs associated with
such construction, is in 1988 dollars as follows:
Foothill/Eastern Transportation Corridor
$1,500 Million
The Fee Program is designed to collect 48.48% of the costs of
construction of the Foothill/Eastern Transportation Corridor.
Section 3. The interim increase of the Development Fees
in accordance with the Schedule attached hereto as Exhibit A, is
hereby approved and ordered. It is hereby acknowledged that
this interim increase will be reviewed by the City in calendar
year 1990 to determine, among other things, an appropriate share
of financing costs to be attributed to new development and to
confirm the adequacy of the Fee Program.
Section ~ The Development Fees for development within
the Area of Benefit are based on the trip ends generated by the
development as determined from the trip generation tables
included in the Fee Program, and shall be assessed upon new
development based upon the number of dwelling units included in
the development (for residential projects) or the gross square
footage of the development (for non-residential projects).
Section 5. The purpose of the increase of the Develop-
ment Fees is to reflect certain cost increases in connection
with the construction of bridges over waterways, railways,
freeways and canyons, and construction of major thoroughfares in
Orange County, as more fully described in the Fee Program and in
the reports of the Transportation Corridor Agencies.
Section 6. The Development Fees are to be used pursuant
to the provisions of the Fee Program, and the provisions of the
Fee Program are hereby ratified as if approved on the effective
date of this Resolution.
Section 7. The City Council hereby determines that
there is a reasonable relationship between the use of the
Development Fees and the type of development projects on which
the Development Fees are imposed. This determination is based
on the findings and determinations contained in the Fee Program,
the reports of the staff and consultants to the Transportation
Corridor Agencies, including, but not limited to, those related
to user trip ends that originate, end or pass through the Area
of Benefit described therein and that are attributable to new
development.
Section 8. The City Council hereby determines that
there is a reasonable relationship between the need for the
public facilities to be constructed with the proceeds of the
Development Fees and the type of development projects on which
the Development Fees are imposed. This determination is based
on the findings and determinations contained in the Fee Program
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and in the reports of the staff and consultants to the
Transportation Corridor Agencies on this matter, including,
without limitation, the analysis relating to the trip ends
within the described Areas of Benefit as adjusted for the
various land-use categories which are attrib,]table to new
development.
Section ~. The City Council hereby determines that
there is a reasonable relationship between the amount of the
Development Fees and the cost of the Foothill/Eastern
Transportation Corridor. This determination is based on the
findings and determinations contained within the Fee Program and
the reports of the staff and consultants to the Transportation
Corridor Agencies, including the findings regarding trip ends
within the Areas of Benefit attributable to new development.
Section ]0. The City Clerk is hereby directed to record
a certified copy of this Resolution with the Recorder of the
County of Orange.
Section 11. This Resolution shall take effect on the
date of the approval of the interim increase in Development Fees
by the Board of Directors of the Foothill/Eastern Transportation
Corridor Agency.
APPROVED, ADOPTED AND SIGNED this 7th day of May , 1990.
MAYOR of the City of~Tustin
ATTEST:
EXHIBIT A
SCHEDULE OF FEES
FOOTHILL/EASTERN TRANSPORTATION CORRIDOR
Zone A:
Single Dwelling Units (SDU)
Multi-Dwelling Units (MDU)
Non-Residential (per sq. ft.)
Zone B:
Single Dwelling Units (SDU)
Multi-Dwelling Units (MDU)
Non-Residential (per sq. ft.)
$2,327
$1,359
$ 3.23
$1,655
$ 963
$ ~.88
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
ClTY OF TUSTIN )
RESOLUTION NO. 90-50
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 Resolution No. 90-50 was duly and
regularly introduced, passed and adopted at a regular meeting of the
City Council held on the 7th day of May, 1990 by the following vote:
COUNCILMEMBER AYES: Edgar, Puckett, Pontious, Potts
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: Prescott
COUNCILMEMBER ABSENT: None
Valerie Whiteman, Chief Deputy City Clerk