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HomeMy WebLinkAbout21 TRANS SYS IMPROV 06-20-94NO. 21 6-20-94 DATE- JO'NS 20, I n t e r- C o rn TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: SANTA ANA-TUSTIN TRANSPORTATION SYSTEM IMPROVEMENT AUTHORITY FEES RECOMMENDATION It is recommended that the City Council adopt Resolution No. 74-72 eliminating the second year graduated TSIA fee increase. BACKGROUND On November 6, 1989 the City of Tustin and Santa Aha entered into a Joint Powers Authority which created a~ Transportation S-;stem Improvement Authority whose purpose was to develop and maintkin a program for transportation system improvements and to determine appropriate developer fees to finance said improvements. In5erim Transportation System Improvement fees were set Dendinc the completion of the Transportation System I'mprovement PrOgram ~USIP) Study and were adopted by the City Council and were effecti-.-e on January 1, 1990. Santa Ana - Tustin Transportation System Improvement Authority (TSIA) fees are required for any construction or improvement project which would result in a new building or structure including multiple family residential units or an increase in floor area provided said improvements exceed $20,000 in value. Fees are not required for construction of single family residential units, and structures accessory thereto to a single family unit, tenant improvements which will not increase floor area, off street parking facilities and any construction for which a fee may not be lawfully imposed by State law. On December 3, 1992 the (TSIA) Board took action to recommend that the Santa Ana and Tustin City Councils modify interim TSIP Development fees and adopt a two-year graduated developmenz fee program. The fee program is intended to. fund transportation improvements to reduce impacts from proposed development in TSIP Areas A and B. Based on the economic conditions at that time it was recommended and approved that there be a two-year graduate5 fee structure starting at $5.53 in 1993 going to $6.53 on Janua_~; 1, 1994 for Area A and $3.31 in 1393 going to $4.31 on January 1, !994 for Area B. City Council Report Transportation System Improvement Authority Fees June 20, 1994 Page 2 The Tustin City Council at their meeting on December 21, 1992 adopted Resolution No. 92-153 which established permanent TSIP Fees and a two (2) year graduated Transportation System Improvement fee in Transportation System Improvement Areas A and B. Effective January 1, 1594, the fees in Tustin were increased to $6.53 (Area A) and $4.31 (Area B). Due to the lack of development in Areas A and B, however, the City of Tustin has not collected any of the higher TSIP fees in 1994. Tustin TSIA staff has recently been informed that the City of Santa Ana has not implemented the second year graduated fee but instead continue to collect the 1993 level TSIP fees. On May 26, 1594 at their regular TSIA Board quarterly meeting, the Board discussed the fee inconsistency, the lack of development in the TSIP areas and the present economic conditions. It was determined tkat the Board would recommend that the Tustin City Council adopt a Resolution which would eliminate the second year graduated fee which is presently part Of the Community Development Department fee schedule. The Board also recommended that TSIP fees be revisited yearly to consider whether the economy and level of development would warrant fee increases. ~estf~ o · Assistant Director Community Development RW: kbc\t s i afees. #Z Attachment: Resolution No. 94-72 RESOLUTION NO. 94-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ESTABLISHING TRANSPORTATION SYSTEM IMPROVEMENT PROGRAM DEVELOPMENT FEES WHEREAS, Section ~101 k. of the Tustin City Code establishes the authority of the Cz5y Council to create Transportation System Improvement Program Areas and to establish fees on development in such 6 areas to pay for the nransportation system improvements located in or benefitting such areas; and 7 WHEREAS, the City Council has deemed it appropriate to previously 8 establish, by Resolu5ion No. 89-165, two Transportation System Improvement Program ("/SIP") Areas in Tustin, hereinafter referred to as -9 TSIP Area "A" and TSi? Area "B" which are identified in Exhibit "A" attached hereto and incorporated herein by reference, as distinct TSIP 10 Areas and to estab!i=~ transportation system improvement development fees in each area; and ' 11 WHEREAS, the "Sansa 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 impac5s generated by development activity within TSIP Area "a" and Area "B"; and 15 WHEREAS, the "Sansa 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 ievelopment in TSIP Areas "A" and "B"; and 18 WHEREAS, the "Sansa Ana-Tustin Transportation System Improvement Program Study", dated November 25, 1992, shows that over thirty-eight 19 million dollars ($38,0[0,000) in public improvements are needed in TSIP Area "A", including nearly twenty eight million dollars ($28,000,000) in 20 the City of Santa Aha ~d over ten million dollars ($10 000 000) in the City of Tustin; and ' ' 21 WHEREAS, the "San~a 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 t~enty-five million dollars ($25,000,000) in the City of Santa Aha and nearly fifteen million dollars ($15 000 000) in 24 the City of Tustin; an/ ' ' 25 WHEREAS, the Transportation System Improvement Program will be applied to all types uf development projects including residential, 26 commercial, office and industrial, subject to certain limited exceptions set forth in Section 8-91 k. of the Tustin City Code; and ~7 WHEREAS, the use c= the fee for transportation system improvements 28 is reasonably related -u all types of development projects because the 9 10 11 12 13¸. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resoluticn No. 94-72 Page 2 owners, nhe occupants and visitors of all types of uses will be benefitted by improved vehicular traffic flow; and _ WHEREAS, the need for the public facilities is reasonably related to all t~Tes of development projects because all types of development projects generate vehicular traffic; and WHEREAS, the restriction of the use of fees to transportation system i~rovements which are located in, or which substantially benefit, nhe 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 WHEREAS, 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 WHEREAS, TSIP Areas "A" and "B" consisting of that territory identified in Exhibit "A" were previously established by Resolution No. 92-165. W~EREAS, the City Council adopted Resolution 92-153 on December 21, 1992 which established permanent Transportation System Improvement Program Development Fees. WHEREAS, the second year graduated fee increase that was authorized by Resolu5ion 92-153 has been determined to place a hardship on .development due to the present economic climate and slowdown in development NOW, T~EREFO~, be it resolved by the City Council of the City of Tustin as follows: 1. Effective January 1, 1993, and until such time as amended by future acsion of the City Council by adoption of a Resolution the fees to be charged pursuant to Tustin City Code Section 8101 k. for Transportanion System Improvement Program Areas "A" and "B" are hereby establishe~ as follows: 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.ccnstruction 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. For TSIP Area "B" an amount based upon three dollars and thirty-one cents ($3.31) per square foot of new or added gross flool area of ccnstruction or improvements which is the subject of a building 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 94-72 Page 3 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~ THOMAS SALTARELLI MAYOR MARY WYNN CITY CLERK WIS MILLWOOD N/S 19THai ~~ WIS EASTWOOD FRUIT NIS 2ND NIS ;,~/S F,~ ~ PIAVE.N N/S N/S 20TH iS M^YSERRY ,T.S.LP. BENEFIT AREA - UMITS N/S ~V~E S/S DYER LEGEND .NIS - NORTH SIDE S/S - SOUTH SIDE W/S - WEST SIDE ElS - EAST SlOE T.S.I.P. BENEFIT AREA 'B"' NORTH lOT TO SCA'L.E TRANSPORTATION SYSTEM IMPROVEMEN:'/ PROGRAM (TSIP)BENEFIT AREAS EXHIBIT A