HomeMy WebLinkAboutCC RES 94-0721 RESOLUTION NO. 94-72
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 TUSTIN, CALIFORNIA ESTABLISHING TRANSPORTATION
SYSTEM IMPROVEMENT PROGRAM DEVELOPMENT FEES
4
WHEREAS, Section 8101 k. of the Tustin City Code establishes the
5 authority of the City Council to create Transportation System
Improvement Program Areas and to establish fees on development in such
6 areas to pay for the transportation system improvements located in or
benefitting such areas; and
7
WHEREAS, the City Council has deemed it appropriate to previously
8 establish, by Resolution No. 89-165, two Transportation System
Improvement Program ("TSIP") Areas in Tustin, hereinafter referred to as
9 TSIP Area "A" and TSIP Area "B" which are identified in Exhibit "A"
attached hereto and incorporated herein by reference, as distinct TSIP
10 Areas and to establish transportation system improvement development
fees in each area; and
11
WHEREAS, the "Santa Ana-Tustin Transportation System Improvement
12 Program Study" by Austin-Foust Associates, Inc. and Robert Bein, William
Frost & Associates, dated November 25, 1992, was completed, and has
13 fully studied projected development, identified traffic mitigation
measures and associated improvement costs and developed a fee program to
14 mitigate traffic impacts generated by development activity within TSIP
Area "A" and Area "B"; and
15
WHEREAS, the "Santa Ana-Tustin Transportation System Improvement
16 Program Study", dated November 25, 1992, provided a comprehensive
program listing of transportation improvements to reduce potential
17 impacts from proposed development in TSIP Areas "A" and "B"; and
18 WHEREAS, the "Santa Ana-Tustin Transportation System Improvement
Program Study", dated November 25, 1992, shows that over thirty-eight
19 million dollars ($38,000,000) in public improvements are needed in TSIP
Area "A", including nearly twenty eight million dollars ($28,000,000) in
20 the City of Santa Ana and over ten million dollars ($10,000,000) in the
City of Tustin; and
21
WHEREAS, the "Santa Ana-Tustin Transportation System Improvement
22 Program Study", dated November 25, 1992, shows that nearly forty million
dollars ($40,000,000) in public improvements are needed in TSIP Area
23 "B", including over twenty-five million dollars ($25,000,000) in the
City of Santa Ana and nearly fifteen million dollars ($15,000,000) in
24 the City of Tustin; and
25 WHEREAS, the Transportation System Improvement Program will be
applied to all types of development projects including residential,
26 commercial, office and industrial, subject to certain limited exceptions
set forth in Section 8101 k. of the Tustin City Code; and
27
WHEREAS, the use of the fee for transportation system improvements
28 is reasonably related to all types of development projects because the
Resolution No. 94-72
Page 2
1
2
3
owners, the occupants and visitors'of all types of uses will be
4 benefitted by improved vehicular traffic flow; and
5 WHEREAS, the need for the public facilities is reasonably related
to all types of development projects because all types of development
6 projects generate vehicular traffic; and
7 WHEREAS, the restriction of the use of fees to transportation
system improvements which are located in, or which substantially
8 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
9 provide those transportation improvements which most directly address
the needs created by such development projects; and
10
WHEREAS, allowing further development within each TSIP Area without
11 developer contributions toward funding needed circulation improvements
would be injurious to the public safety, health and welfare; and
12
WHEREAS, TSIP Areas "A" and "B" consisting of that territory
13 identified in Exhibit "A" were previously established by Resolution No.
92-165.
14
WHEREAS, the City Council adopted Resolution 92-153 on December 21,
15 1992 which established permanent Transportation System Improvement
Program Development Fees.
16
WHEREAS, the second year graduated fee increase that was authorized
17 by Resolution 92-153 has been determined to place a hardship on
development due to the present economic climate and slowdown in
18 development
19 NOW, THEREFORE, be it resolved by the City Council of the City of
Tustin as follows:
20
1. Effective January 1, 1993, and until such time as amended by
21 future action of the City Council by adoption of a Resolution the fees
to be charged pursuant to Tustin City Code Section 8101 k. for
22 Transportation System Improvement Program Areas "A" and "B" are hereby
established as follows:
23
A. For TSIP Area "A" an amount based upon five dollars and
24 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
25 permit application for which payment of a fee is required by Tustin City
Code Section 8101 k.
26
B. For TSIP Area "B" an amount based upon three dollars and
27 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
28
Resolution No. 94-72
Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19~
20
21
22
23
24
25
26
27
28
permit application for which payment of a fee is required by Tustin City
Code Section 8101 k.
2. 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."
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tustin held on the 20th day of June, 1994.
c~~~/v!i ~L~
~~~ `~ ~~~
THOMAS SALTAI~,E'LL I
MAYOR
MARY wY ~-
CITY CLERK
~ i
/ ,
.,
I /
W/S MILLWOOD
W/S EASTWOO
N/S ?NO\
LEGEND
to U
3a
N
N/S
FAIRHAVEN
N/S 19TH-,
Y
a
~O
>~ J
m
Q
U
N/S
D FRUIT
N: S - NORTH SIDE
S/S - SOUTIi SIDE
W/S - WEST SIDE
E/S - EAST SIDE
NORTH
NOT TO SCALE
N/S
SEVENTEENTH
~s
\~
Y
TRANSPORTATION SYSTEM IMPROVEMENT
PROGRAM CTSIP) BENEFIT AREAS
EXHIBIT A
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF TUSTIN )
RESOLUTION NO. 94-72
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 is five; that the above and foregoing
resolution was passed and adopted at a regular meeting of the City Council
held on the 20th day of June, 1994, by the following vote:
COUNCILMEMBER AYES: Saltarelli, Potts, Doyle, Thomas
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: Worley
Mary~t~n, City
lerk