HomeMy WebLinkAbout15 CODE AMEND 98-002 06-01-98DATE: JUNE 1, 1998
NO. 15
6-1-98
Inter-Com"
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
ORDINANCE NO. 1201 (CODE AMENDMENT 98-002) TRANSPORTATION
SYSTEM IMPROVEMENT PROGRAM FEES'
SUMMARY: Ordinance No. 1201 (Code Amendment 98-002) would amend Tustin City Code
Section 8101 increasing the minimum building valuation for applicability of the
Transportation Systems Improvement Areas (TSIA) development fee from $20,000 to $30,000.
Applicant: City of Tustin, Community Development Department
RECOMMENDATION
That the City Council introduce and have first reading of Ordinance No. 1201 and set for second
reading at the Council's June 15, 1998 meeting.
FISCAL IMPACT
The development valuation adjustment is recommended based on the increase of the Construction
Cost Index (CCI) for the region from 1982 (the year Santa Ana City Council approved
transportation impact fees) to 1997. The fiscal impact is predicted to be minimal since most
construction and improvement projects in the TSIP areas exceed $30,000 in valuation.
BACKGROUND & DISCUSSION
On November 6, 1989 the cities of Tustin and Santa Ana created a Joint Powers Authority which
established two Transportation System Improvement Areas (TSIA). The Joint Exercise of Power
Agreement between the two cities established fees for all development in Transportation System
Improvement Program (TSIP) Areas A & B (Exhibit A) exceeding $20,000 in cost and would be
expended for transportation improvement systems in those areas. Certain development was
excluded from payment of these fees including single family residences in the City of Tustin, off-
street parking facilities in both cities and other construction for which a development fee may not
be lawfully imposed by state law.
Ordinance No. 1037, adopted on May 7, 1990, established the authority of the Tustin City Council
to create TSIP Areas A and B and to collect development fees (Attachment 1). The boundaries of
City Council Report
TSIP development fees
June 1, 1998 .
Page 2
the two TSIP Areas were adopted by the TSIP Board and are identified on Exhibit A. The current
TSIP fee amount was adopted by City Council ResolUtion 92-153 and became effective January 1,
1993.
The following are the approved effective fees:
TSIP AREA A
$5.53 per square-foot of new or added gross square floor area of construction °r
improvement.
TSIP AREA B
$3.31 per square foot of new or added gross floor area of construction or improvement.
The Santa Ana and Tustin city staff members were directed by the TSIP Board to re-assess the
valuation threshold for applicability of TSIP fee. Based on the increase of the Construction Cost
Index (CCI) within the region fiom 1982 to 1997, the two city staff jointly recommended an
amendment that would increase the base valuation of the TSIP fees fi'om $20,000 to $30,000.
According to Section (f)l of the Joint Exercise of Powers Agreement and Ordinance No. 1'037,
TSIP development fees are collected prior to issuance of building permits. Following the City
Council action on Code Amendment 98-002, an'amendment to the Joint Exercise of Powers
Agreement is agendized for the City Council approval. The Joint Exercise of Powers Agreement
refers to develOpment/construction costs of $20,000 and must be amended to be consistent with
Code Amendment 98-002 by raising the valuation threshold to $30,000.
Minoo Ashabi
Assistant Planner
Elizabeth A. Binsack
Commtmity Development Director
Attachment:
Exhibit A: TSIP map
Attachment 1, Ordinance 1037
Ordinance No. 1201
Ma: ccreport\ca98002.doc
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AREA "B'
· · · · ' · '= STUDY ARE. A BOUNDARY
(PROPl~"rlg~ rl~H'l'~O nOT'Il ~.Dl~ or
, = ~T~Y AR~ BOUND~Y
Santa Ana/l',,qin 'I'ranaporl:,tion S.wtcm
hnpruvclncnt l'rogram
Figure 1
SANTA ANA/TUSTIN TSIP
.' STUDY ,'~REA
Au~tin-Fousl /M~'iate'x.. Inc.
RESOLUTION 92-153
EXHIBIT 'A"
EXHIBIT
A
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ORDINANCE NO. 1037
AN ORDINANCE OF THE CITY OF TUSTIN AMENDING THE
TUSTIN CITY CODE BY ADDING SECTION 8101 k. TO
ESTABLISH -A TRANSPORTATION SYSTEM IMPROVEMENT
DEVELOPMENT FEE '
The City Council of the City of Tustin does hereby ordain as
follows:
Section 1. Section 8101 of Chapter 1, Article 8 of
the Tustin City Code is amended by adding subsection 8101
k. which subsection shall read as follows:
K. Transportation System Improvement Development Fee
1. In addition to any other charges or improvement
requirements, there shall.be a special fee
required as a condition 'precedent to the
issuance of certain building permits for
construction or improvement on those properties
lying at least partially within any portion of
the City.designated by resolution of the City
Council.as a Transportation System Improvement
· ~
Program Area.
2. The Building official shall require the p~yment
of a special fee in the amount established and
regulated by resolution of 'the City Council
within a Transportation System Improvement
Program Area before a building permit will be
issued when an application for a building
permit indicates the following:
a. A construction or improvement project
which will'result in a new building or
structure, or an increase in floor area
. on·a parcel'of land which lies wholly or
' partially within the boundaries of a
Transportation Improvement Program Area;
and
b, The estimated cost of the proposed
construction or improvement, as determined
by the Building official will exceed
twenty thousand dollars ($20,000.00). For
purposes of this section the valuation per
square foot shall not exceed that listed
in the latest edition of ~
Standards Maqazine containing a building
· valuation data chart.
3. The following construction and improvement
projects are specifically ex'cluded from the
ATTACHMENT- 1
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Ordinance No. 1037
Page 2
·
·
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requirements of the section.
a. Construction of single family residential
units and accessory structures.
b·
Tenant improvements and maintenance work
which will not increase the floor area of
existing structures.
c. Off-street parking facilities.
d.
Any construction or improvements as to
which a development fee may not' be
lawfully be imposed by State law.
..
Any resolution of the City Council establishing
a Transportation System Improvement Program
Area shall have affiXed thereto a map
specifically describing the boundary of such
Transportation System Improvement Program Area
and shall be on file in the office of the City
Clerk.
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 project~, and
improvements on properties in Transportation
Systems Improvement Program'Areas shall be used
to improve the areawide transportation system
within such area, e~cept said fees may be
expended for improvements outside the area when
such improvements will substantially benefit
the transportation, system within the area.
Ail monies received from fees collected
pursuant to Section 8101 k. for permits issued
within a Transportation System Improvement
Authority upon direction of the City Manager
pursuant' to' the provisions of the. Joint
Exercise of Powers Agreement between the City
of Tustin and the City of Santa Ana creating
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~Ordinance No..1037
Page 3
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. y E. Wynn
14 y Clerk
the Tustin-Santa Ana Transportation System
Improvement Authority.
'PASSED AND ADOPTED at a regular meeting of the City Council
held on the ~ day of May, 1990.
Richard Edgar
Mayor
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City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1037
WYNNo city Clerk and ex-officio Clerk of the city Council of
MARY E. ' · -.~ · .... ~b" certify that the whole
the city of Tustln, Calliornla, uu=~'~=t3 3- the ~it' of Tustin is
ber of the members of the city Council o~ y
n~m ....... = =~---oin~ Ordinance No. 1037 was duly a~d
lye' that tne above anu lu~=~ ~
f f ....... = --~ -~d at a regular meeting of the City Councl~ .
ularl lntro~uceu =nu ~=~ u .
reg Y .......... ~ ~, .... ~er 1989-. and was given Its secon~
held ~n ~ne 2o~n ~uy u£ ~,~- ..... , .... ~ ~__ =~ ~ ~
~eadi~' and dUly passed and adopted at a regular meeuxn~ n=xu u~ ~..~
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
ORDINANCE NO. 1201
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING AN AMENDMENT TO TUSTIN CITY CODE
SECTION 8101 TO ESTABLISH AND INCREASE THE MINIMUM
VALUATION OF DEVELOPMENT PROJECTS THAT ACTIVATE THE
TRANSPORTATION SYSTEM IMPROVEMENT PROGRAM (TSIP) FEES
FROM $20,000 TO $30,000.
The'City Council of the City of Tustin does hereby ordain as follows:
SECTION I. FINDINGS: The City Council finds and determines:
m.
g.
C.
D.
E.
Fo
Ge
Ho
That on November 6, 1989 the cities of Tustin and Santa Ana created a Joint Powers
Authority establishing two Transportation Systems Improvement Areas (TSIA) and
requiring fees for all develgpment within the Transportation System Improvement
Program (TSIP) exceeding $20,000 in valuation for transportation improvements.
That on May 7, 1990, the Tustin City Council adopted Ordinance No. 1037
establishing the Transportation System Improvement Program Areas and the
authority to collect development fees.
That on December 11' 1997, the TSIP Board authorized the reassessment of the
valuation threshold for the TSIP fees.
That' the adjustment to the threshold is based on the increase in the Construction
Cost Index (CCI) for the region fi.om 1982 (the year that City of Santa Ana
approved transportation impact fees) to 1987.
That an amendment to Tustin City Code has been prepared to increase the minimum
valuation of development projects that require payment of Transportation System
Improvement Program (TSIP) fees fi.om $20,000 to $30,000;
The proposed amendment Would not have an adverse affect on the public health,
safety and welfare on residents or businesses of the City;
Pursuant to Section 15601 (b)(1) of California Environmental Quality Act, .this
amendment is considered a "nonproject";
The proposed amendment is consistent with the recommendations of the
Transportation System Improvement Authority (TSIA) Board; and,
The proposed amendment is consistent with the City's General Plan, especially the
goals and policies of the Circulation Element.
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Ordinance No. 1201
Page 2
Now, Therefore, the City Council of the City of Tustin does ordain as follows:
SECTION II. Section 8101 (s) is added to read as follows:
Transportation System Improvement Development Fee ·
lo
In addition to any other changes or improvement requirements, there shall be a
special fee required as a condition precedent to the issuance of certain building
permits for construction or improvement on those properties lying at least partially
within any portion of the City designated by resolution of the City Council as a
Transportation System Improvement Program Area.
.
The Building Official shall require the payment of a special fee in the amount
established and regulated by resolution of the City Council within a Transportation
System Improvement Program Area'before a building permit will be issued when an
application for a building permit indicates the following:
A construction or improvement prOject which will result in a new building
or structure, or an increase in floor area on a parcel of land which lies wholly
or partially within the boundaries of a Transportation Improvement Program
Area; and
b,
The estimated cost of the. proposed construction or improvement, as
determined by the Building Official w~ll exceed ~
~. For purposes of this section the valuation per square foot shall
not exceed that listed in the latest edition of "Building Standards Magazine"
containing a building valuation data chart.
o
The following construction and improvement projects are specifically excluded
firom the requirements of the section.
ao
Construction of single-family residentia1 units and accessory structures.
b.
Tenant improvements and maintenance work which will not increase the
floor area of existing structures.
Co
Off-street parking facilities.
Any construction or improvement, s as to which a development fee may not
lawfully be imposed by state law.
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Ordinance No. 1201
Page 3
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Any resolution of the City Council establishing a Transportation System
Improvement Program Area shall have affixed thereto a map specifically describing
the boundary of such Transportation Improvement Program Area and shall be on
file in the office of the City Clerk.
The purpose of a Transportation System Improvement Area Plan is to identify and
designate those areas where the transportation system may experience a significant
reduction in the level of service unless corrected measures are instituted concurrent
with increased transportation demands. Fees collected for building projects and
improvements on properties in Transportation Systems 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.
All monies received from fees collected pursuant to section 8101(k)2 for permits
issued within a Transportation System Improvement Authority upon direction of the
City Manager pursuant to the provisions of the Joint Exercise of Powers Agreement
between the City of Tustin and the City of Santa Ana creating the Tustin-Santa Ana
Transportation System Improvement Authority. (Ord. No. 1037, 5-7-90)
SECTION III. SEVERABILITY:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council of the City of Tustin hereby declares that it would have
adopted this ordinance and each section, subsection, sentence, clause, phrase or portion
thereof irrespective of the fact. that any one or more' sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or unconstitutional.
PASSED AND ADOPTED by the City Council of the Ci~ of Tustin at a regular meeting
held on the 15th day of June, 1998.
PAMELA STOKER
CITY CLERK
THOMAS R. SALTARELLI,
MAYOR