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RESOLUTION NO. 92-153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ESTABLISHING TRANSPORTATION
SYSTEM IMPROVEMENT PROGRAM DEVELOPMENT FEES
WHEREAS, Section 8101 k. of the Tustin City Code establishes
the authority of the City Council to create Transportation System
Improvement Program Areas and to establish fees on development in
such areas to pay for the transportation system improvements
located in or benefitting such areas; and
WHEREAS, the City Council has deemed it appropriate to
previously establish, by Resolution No. 89-165, two Transportation
System Improvement Program ("TSIP") Areas in Tustin, hereinafter
referred to as TSIP Area "A" and TSIP Area "B" which are
identified in Exhibit "A" attached hereto and incorporated herein
by reference, as distinct TSIP Areas and to establish
transportation system improvement development fees in each area;
and
WHEREAS, the "Santa Ana-Tustin Transportation System
Improvement Program Study" by Austin-Foust Associates, Inc. and
Robert Bein, William Frost & Associates, dated November 25, 1992,
has been completed, and has fully studied projected development,
identified traffic mitigation measures and associated improvement
costs and developed a fee program to mitigate traffic impacts
generated by development activity within TSIP Area "A" and Area
"B"; and
WHEREAS, the "Santa Ana-Tustin Transportation System
Improvement Program Study", dated November 25, 1992, has provided
a comprehensive program listing of transportation improvements to
reduce potential impacts from proposed development in TSIP Areas
"A" and "B"; and
WHEREAS, the "Santa Ana-Tustin Transportation System
Improvement Program Study", dated November 25, 1992, shows that
over thirty-eight million dollars ($38,000,000) in public
improvements are needed in TSIP Area "A", including nearly twenty-
eight million dollars ($28,000,000) in the City of Santa Ana and
over ten million dollars ($10,000,000) in the City of Tustin; and
WHEREAS, the "Santa Ana-Tustin Transportation System
improvement Program Study", dated November 25, 1992, shows that
nearly forty million dollars ($40,000,000) in public improvements
are needed in TSIP Area "B", including over twenty-five million
dollars ($25,000,000) in the City of Santa Aha and nearly fifteen
million dollars ($15,000,000) in the City of Tustin; and
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Resolution 92-153
Page 2
W~EREAS, the Transportation System Improvement Program will
be applied to all types of development projects including
residential, commercial, office and industrial, subject to certain
limited exceptions set forth in Section 8101 k. of the Tustin city
Code; and
W~EREAS, the use of the fee for transportation system
improvements is reasonably relate~ to all types of development
projects because the owners, the occupants and visitors of all
types of uses will be benefitted by improved vehicular traffic
flow; and
W~EREAS, the need for the public facilities is reasonably
related to all types of development projects because all types of
development projects generate vehicular traffic; and
W~EREAS, the restriction of the use of fees to transportation
system improvements which are located in, or which substantially
benefit, the area of the city from which the fees are derived
assures that the fees derived from any given development project
are used to provide those transportation improvements which most
directly address the needs created by such development projects;
and
W~EREAS, allowing further development within each TSIP Area
without developer contributions toward funding needed circulation
improvements would be injurious to the public safety, health and
welfare; and
W~EREAS, TSIP Areas "A" and "B" consisting of that territory
identified in Exhibit "A" were previously established by
Resolution No. 92-165.
NOW, T~EREFORE, be it resolved by the City Council of the
City of Tustin as follows:
1. Effective January 1, 1993, the fees to be charged
pursuant to Tustin City Code Section 8101 k. for Transportation
System Improvement Program Areas "A" and "B" are hereby
established as fcllows:
A. For TSIP Area "A" an amount based upon five dollars
and fifty-three cents ($5.53) per square foot of new or added
gross floor area of construction or improvements which is the
subject of a building permit application for which payment of
a fee is required by Tustin City Code Section 8101 k.
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Resolution 92-153
Page 3
B. For TSIP Area "B" an amount based upon three
dollars and thirty-one cents ($3.31) per square foot of new
or added gross floor area of construction or improvements
which is the subject of a building permit application for
which payment of a fee is required by Tustin City Code
Section 8101 k.
2. Effective January 1, 1994, the fees to be charged
pursuant to Tustin City Code Section 8101 k. for Transportation
System Improvement Program Areas "A" and "B" are hereby
established as follows:
A. For TSIP Area "A" an amount based upon six dollars
and fifty-three cents ($6.53) plus an inflation adjustment
for the one year period between January 1, 1993 and December
31, 1993 per square footage of new or added gross floor area
of construction or improvements which is the subject of a
building permit application for which payment of a fee is
required by Tustin City Code Section 8101 k.
B. For TSIP Area "B" an amount based upon four dollars
and thirty-one cents ($4.31) plus an inflation adjustment for
the one year period between January 1, 1993 and December 31,
1993 per square footage of new or added gross floor area of
construction or improvements which is the subject of a
building permit application for which payment of a fee is
required by Tustin City Code Section 8101 k.
3. The purpose and use of the above said fees is set forth
in Section 8101 k. of the Tustin City Code as follows:
"The purpose of 'a Transportation System Improvement
Program Area is to identify and designate those areas
where the transportation system may experience a
significant reduction in the level of service unless
corrective measures are instituted concurrent with
increased transportation demands. Fees collected for
building projects and improvements on properties in
Transportation System Improvement Program Areas shall be
used to improve the areawide transportation system
within such area, except said fees may be expended for
improvements outside the area when such improvements
will substantially benefit the transportation system
within the area."
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Resolution 92-153
Page 4
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tustin held on the 21st day of December, 1992
ATTEST:
~L~slie Anne "Pontious, Mayor
Clerk
City of Tustin
RESOLUTIO~ CERTIFICATIO~
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR RESOLUTION NO. 92-153
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 members of the City Council is five; that the
above and foregoing Resolution No. 92-153 was duly and regularly
passed and adopted at a regular meeting of the City Council held
on the 21st day of December, 1992 by the following vote:
I COUNCILMEMBER AYES: Pontious, Ports, Puckers, Saltarelli, Thomas
COUNJiLMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCIL MEMBER ABSENT: None
r~aor-y--E. Wynn, City Clerk
I
AREA
Figure i
S.,LNTA ANA/T-b'.~ TSiP
STUDY ,%REA
Austin-Foust ,A.,~.s,~-"~alc~. Inc.
RESOLUTION 92-153
EXHIBIT