HomeMy WebLinkAboutORD FOR ADOPTION 05-07-90DA=-GE�l
DATE:
MAY 7, 1990
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
IINANCE FOR ADOPTION NO. 1
5/7/90
Inter - Com
SUBJECT: ESTABLISHMENT OF TRANSPORTATION IMPROVEMENT PROGRAM AREAS
AND DEVELOPMENT FEES
RECOMMENDATION
It is recommended that the City Council:
1) By Minute Order have reading by title only and adopt Ordinance
1037.
2) Adopt Resolution No. 89-165
BACKGROUND AND DISCUSSION
After a public hearing, the City Council at their regular meeting
on November 20th introduced Ordinance 1037. A Draft of Resolution
No. 89-165 establishing Transportation System Improvement Program
Areas and Development Fees was also presented for City council
information. After adoption of Ordinance 1037, it would be
appropriate for the City Council to also adopt Resolution No. 89-
165.
A copy of the November 20, 1989 agenda item discussion on each
matter is attached.
Christine Shingleton
Director of Communit evelopment
CAS:mas
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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 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. 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 Building
Standards Magazine containing a building
valuation data chart.
3. The following construction and improvement
projects are specifically excluded from the
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Ordinance No. 1037
Page 2
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.
4. 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.
5. 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
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.
6. All 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
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.
Mary E. Wynn
City Clerk
Richard Edgar
Mayor
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RESOLUTION NO. 89-165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN ESTABLISHING TRANSPORTATION SYSTEM
IMPROVEMENT PROGRAM AREAS AND SETTING INTERIM
DEVELOPMENT FEES THEREFORE
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
transportation system improvements located in or benefitting
such areas; and
WHEREAS, the City Council deems it appropriate to
establish 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 interim transportation
system improvement development fees in each area; and
WHEREAS, a partial list of improvements prepared by the
City of Santa Ana in the vicinity of TSIP Area "A" shows that
over twenty-two million dollars ($22,000,000) in public
improvements are needed which include the widening of Grand
Avenue on the east side between First and Fourth Streets, the
widening of First Street and Fourth Street at the Costa Mesa
Freeway, intersection improvements at Fourth Street and Yorba,
and intersection improvements at Tustin Avenue and 17th
Street; and
WHEREAS, preliminary transportation system improvement
costs in TSIP Area "B" within the City of Tustin are expected
to exceed, twenty million dollars ($20,000,000) and will
include the extension of Newport Avenue, the extension of
Tustin Ranch Road, the construction of an overpass at Edinger,
the widening of Edinger and Red Hill, and the extension of
Jamboree Road to Barranca; and
WHEREAS, 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
WHEREAS, the use of the fee for transportation system
improvements is reasonably related 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
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Resolution No. 89-165
Page 2
WHEREAS, 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
WHEREAS, 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
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.
NOW, THEREFORE, be it resolved by the City Council of the
City of Tustin as follows:
1. TSIP Areas "A" and "B",, consisting of that territory
identified in Exhibit "A", are hereby established.
2. Effective January 1, 1990, the fee to be charged
pursuant to Tustin City Code Section 8101 k. for
Transportation System Improvement Areas "A" and "B" are hereby
established as follows:
A. For TSIP Area "A" two percent (2%) of the costs
of construction or improvement which is the subject of a
building permit application for which payment of a fee is
required by Section 8101 k.
B. For TSIP Area "B" an amount based upon the
square footage of added gross floor area by land use as
follows:
Commercial/Office $2.60 per square foot
of building floor area
R&D $1.80 per square foot
of building floor area
Industrial $1.00 per square foot
of building floor area
C. The purpose and use of the above said fees is
set forth in Section 8101 k. of the Tustin City Code
as follows:
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Resolution No. 89-165
Page 3
"The purpose of a Transportation System
Improvement Program 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 a Transportation
System Improvement Program Area shall be used
to improve the areawide transportation system
within such area except said fees may be
expended for improvement 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 held on the day of May, 1990.
Mary E. Wynn
City Clerk
RICHARD EDGAR
Mayor
DATE:
TO:
FROM:
SUBJECT:
'A
NOVEMBER 20, 1939
xl� PUB1-TC rEARiNa il0111-20-°�
ih'ILLTA.iv A. ,�USTOlgl CITY i�.yitiTA GEr�
COMMIUNITY DEVELOP-MENT DEPARTMENT
E'' a`'r`: S• r � .-,a 4 rte; f'.1
ESTABLISIL%1ZINTT OE TRAitiTSPORTATION IMPROVE-MENT PROGR"Alm- S
AND DEVELOPME��T FEES
RECOY12✓=DATIONT
M.O. Waive further read--l-n-, of- Ordinance 1037 and have first reading
by title only.
M.O. Introduce Crdinance _70-3,7.
BAcnGROU-TD AND DISCUSSTO,q
Based on actions taken by eaCh respective City council- on -November
6, 1909, the City of "Distin and Santa Ana entered i nto a point
Powers Agreerent which created a Transportation Svstem Improvement
Authority. The purpose o? said Agreement is for Santa Ana and
Tustin to jointly develop and maintain a program for transports tion
system improvements in certain Trans ortaticn System Improve�^ent
Program (TSIP) Areas referred -Co as T T
-- SSP Area A and B, to
comprehensively idea�.ifv all needed transportation sys� m
i mprovements and their pr ori-�. i �� r^ T "
�--• L n each , S Area, =co determ=ne the
appropriate develo-er fees -'Co finance a i '
r- S�_Q _l::p_ O v L-�..en �.S � and t0
control 'he expenditure of apprOpr�ate c:evelOp^;enteC Y'eVenL'eS for
areawide transportation improvements which benefit each respective
TSIP Area.
Environmental Ir^pact reports and preliminary traffic studies within
each TSIP Area indicated Cr1�4 cal C'`Cfi ciCnC.1Cs: in the C 47,,1 t_1 C:1
system serving each TSIP ArcL tyh,Ch could riO t bC CCrr CCtCCi riOr
fully funded from traditional revenue sources -oiiti.out the firanci al
assistance of developing properties. Another alternative ;s to
assign each developer m„i riga ting i mprove�°�2nts on a case by case
basis. However, critical deficiencies are areaT�-ide improvements
and this would prove difficult to assign_ or complete in pieces.
A partial list of Lm lovements p=ep ared by the City of Santa Ana
in the Vi cinit of TSI ^ i -i r that over T- Y --
y P A 1�.en�y_ieS t_.c.t over t.�en,-Y tti.o million
dQllarS 1n areaW4 traf�ic improve---en'cs are needed benefitting
both 'h '
citi eS :-.hi Ch ` include the i; :.de`_ -?-g � Gra d Ave»ue on the east
Side between. 'firs,., aned, Stree-s, Cne wideningTirsl. S, -.Lee -
and Fourth Street at tCost
aa Cosa Mesa i ree�ti'ay and ,
F =2terseCtlOn
City Council Report
Transportation System iMProvement program
November 20, 1989
Page 2
i=�prove;;en is at Fourth and y Yb
Street. °�- a and Tustin Avenue an;
Prel in inary transpo
1J �,'1t�1117 t};C �- (.o`7' . ,•-• _ .,
' of T�._, in cI,,? ��o c1��ccted to , , � .
rlilAroa
lion doll��rs t,�hich i t_e ti- r� `xcc.�L-
ncludes ', c_.tcn_.ion of Nc�,�port �'1verue,
extension of Tustin Ranch woad and tru ct� o
Edinger, ', 4 en Ln, c, Cif Ed�'� �::�d RE'C` CC`ns, ;; O.� min cvcrL�aS .-fit
Road to Darranca . H1 �.nd eltensi.on of Jan;boroc
Since future developments ,Y,,; thin prescribed TSIP Areas w i ll benefit
front construction transportation �t� Y, C _ .�t
oL L-altsportation s sten, Lin r r --
�.,, - Y p_ ove:«en is , i t was
ae ter tined that f.z future developl � ,l ,
�. melt s,_cz�la nav a portion of these
cos C.s In the City. Allc-„�4 - T ,r
1...1.._e nese within each '?'SIP
Area without developer ntr4, ,
p co_.�_ _b,?ti ons to���araf., �; „n
circ�.:laticn ; `{ndin needed
y:,:pro cements :'could be injurious to the
health and welfare. As r��.•�:� Public safety,
�o*�*ers Agreemer_t e sect -ion 3 of t, -he approved Jont
�: es the Cy ty of Tustin to adopt -by
3r_uary
1990 the r ? ? • ., -
OO.. g L -?anspor -atoYSystem Development i
TSIP A
20 of the cost of construction
TSIP Area B
An amount based on the square footage of added gross floor
area by land use as follows:
Commercial/office
R&D
Industrial
$2.60 per square foot of
building floor area
$1.50 per square foot of
building floor area
$1.00 per square foot of
building floor area
Upon completion of comprehensive traffic studies within each TSIP
Area within a orox_imatei - 1 days- the TSI_ Au -ho__t,�
tom- � �' S � �' - � tr'r, r i ' may recommend
modifications to the interim fee program to reflect the adopted
TSIP for each TSIP Area. Any future fee increases would require
',tore City Council action.
1j4. LJ
r.. 4
City Council Report
Transportation System ImMrovemer_ t 1:1v-ogra;�
November 20, 1989
Page 3
C. p_..e..- _ ee would be required for any
construction or improvenent roject :vhi Y -
1, P � cl. t�:.,.�ld �Esul�- i n a ne::-
building or structure or an increase in floor area w i t2� i n i `'S ; r
Area provided said imps
roevement�. exceed $2 0, 000 .1 va 11:e . :r ee�.
Lti
WCuIA-d not. }: e r c 1:1rcd for cons;-,- - ^?; O.'� � r � ,
units and accessory str��ct�.:res, tenant i:•�pr ever :errs ;�,.ic;z tail' net
increase floor area, O -Stree t nark----, far- 1�tiesand ani'
cOnstructic4A for w :ic,� .� fcc ,�,`. .,ct ',c
As noted
above, the
City of Tustin
i s now legally Obligated to
adopt a Trans o --rt- ation
P py
S ste T �,Y ,� ,,;- r �r r -r 1 , 'che C
:f _.. rope «e,�.. ee __og�a.L. _� i -v
does not
adopt the
pre-scribL--, ,fee
p -"o5 ' ? ;dart; tied-�o�,•e,
provis;ons contained
in the Oof __c = owT""s t greement ;-Mold ?"ems ?-, re
the City
to pay the
TSIP ;gut horicv
she �* ount of i:h^ of=ier: i s e
required
Develo- ent
Tee out 10 C .'may
General Funds.
n conpl iance with Prov i s ions of the recently adopted JPA, staf f
.ave prepared an enabling ordinance and accompanying resolution
which would designate certain TSIP Areas and set actual development
fees in each TSIP area.
Ordinance No. 1037 would add Section 8101 k. to the Tustin City
Code which would establish the authority o�= the City Council to
create TSIP Areas and authorize the City Council to establish fees
by resolution that developers must pay for transportation
innrovements located in or benefitting a '_SIP Area. Resolution No.
89-165 would establish TSIP Area A and B as shown on Exhibit A
accompanying the Resolution . Area A i s located in the nor -hwest
portion of the City :'forth of
th0 I--5 i r?eway, west of a "Dortlon or-
Newport
fNewport Avenue and Prospect Avenue. Area B is located in the
southerly portion cf the Ci; -v south oz the T -
Development Eees would be collected as of January 1,
be required to be in effect pursuant to the JPA as i
r% n a-' .r I� ... , v r ^ A` r r y rl -'5 T- f -,n y
'v i. r ... .... L n n V{ G. L 1 �. 1 t
City Council Report
Transportation System Improvem`nt Program
November 20, 1989
Page 4
CONCLUSION
Provisions of the recently anpr Dyed ^1 te: CC. S,1nt�i r�:� i?;;C;
Tustin legallv obligate the C ty to have in place
System,
AT'' y Ti,b'-�oy+ CI'1L� OC;�?11 Lcvc'l 1 ^c�: J_��' v'i'�t:� �' 1 1990.
�Mached nor .e City Council '"0 coin crablirr
1 r � ?nc�
J. 1
for in od�c�i cr. onS S� and RoL,oiu`tio.n
TSIs Area A and b and setting the DCVO -1 ,,ent Fee for each arca fer
adoption on December 4, 1989,
Christine Shir_gleton /
Director of Community Develo-oment
%S: pef
Attachments: Ordinance No. 1037
Resolution No. 89-165
LEGEND:
�.... PROPERTIES FRONTING
BOTH SIDES OF THE STREET ARE
ENCLUBERM IN THE FEF AREA
FAIRHAVEN AVENUE
Z
z<4::
Z SEVENTEENTH STREET
loth
va <
FRUIT ST
FOURTH ST. IRVINE BOULEVARD
FIRST
CHESTNUT ST::;'�Q JO
MC FADDEN
EDINGER AVENUE
WARNER AVENUE
DYER RO
SCALE:
U 1/2 1 MILE
EXHIBIT A
SANTA ANA/TUSTIN
TRANSPORTATION IMPROVEMENT PROGRAM
(TSIP) BENEFIT AREAS