HomeMy WebLinkAboutOrd for Adoption#1 12/4/89 1037DATE:
12/4/89
DECE--KB Inter-
Coxn
ORDINANCE FOR ADOPTION NO. I
TO:
FROM:
SUBJECT:
WI'LLIAM A. HUSTON, CITY MANAGER
COHMUNITY DEVELOPMENT DEPARTMENT
ESTABLISHMENT OF TRANSPORTATION IMPROVEMENT PROGI~tM AREAS
AND DEVELOPMENT FEES
RECOMMENDATION
It is recommended that the City Council:
1) M.O. Have reading by title only and adopt Ordinance 1037.
2) Adopt Resolution No. 89-165
BACKGROUND P~ND DISCUSSION
After a publ~-c 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 Shingleto.~ -
Director of Community Development
CAS:pef
, , ,
TO:..~
·
FROM:
SUBJECT:
. .
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
ESTABLISHMENT OF TRANSPORTATION IMPROVEMENT PROGRAM AREAS
AND DEVELOPMENT FEES
RECOMMENDATION
M.O. Waive further reading of Ordinance 1037 and have first reading
by title only.
M.O. Introduce Ordinance 1037.
B~CKGROUND. AND.DISCUSSION
Based on actions taken by each respective City 'Council on November
6, 1989, the City of Tustin and Santa Ana entered into a Joint
Powers Agreement which-created a Transportation System Improvement
Authority. The purpose of said Agreement is for Santa Ana and
Tustin to jointly develop and maintain a program for transportation
system impr6vements in certain Transportation System Improvement
Program (TSIP) Areas referred to as TSIP-:-Area A and B, to
~omprehensively identify all needed transportation system
Improvements and their priority in each TSIP Area, to determine the
appropriate developer fees.to finance said improvements, and. to
control the expenditure of appropriate development fee revenues for
areawide transportation improvements which benefit each respective
TSIP Area.
Environmental Impact reports and preliminary traffic studies within
each TSIP Area indicated critical deficiencies in the circulation
system serving each TSIP Area which could not be corrected nor
fully funded from traditional revenue sources without the financial
assistance of developing properties. Another alternative is to
assign each developer mitigating improvements on a case by case
basis. However, critical deficiencies are areawide improvements
and this would prove difficult to assign or complete in pieces.
A partial list of improvements prepared by the City of Santa Ana
in the vicinity of TSIP A identifies that over twenty-two million
dollars in areawide traffic improvements are needed benefitting
both cities 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 and intersection
City Council ReDort
Transportation System ImproVement Program
No~ember 20, 1989
Page 2
improvements at Fourth and Yorba, and Tustin Avenue and Seventeenth
Street.
...
Preliminary transportation system im roveme
B ~.Wlthln the City of T,,~ ...... P nt co~to in TSIP Area
milli~- ~,,--- ~.. _ ~~, u~n De expected ~ .........
_..~__-V ~~r~, WhiCh includes the exe~^- _JL. ~.,c=uu uwen~y
=~=enslon of Tustin D~-~ ~--= .... 7~..~ju~ u~ ~ewport Avenue
s= .... ~u~ ui an overpass at
Edi.nger, widehing of Edinger and Red Hill and extension of Jamboree
Road to Barranca.
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since future developments within prescribed TSIP Areas will benefit
from construction of transportation s stem i
determined that fut _ Y . mprovements, it was
· . ute development shoul~ a a '
costs in the City. ~ .... ~ ......... P Y port~on of these
= ~-~xn~ ru=ure ~evelopment within each TSIP
Area without developer contributions towa ·
~ir~ulation improvements wou~ ~^ ~_= .... . rd funding needed
ne ....... ~ ~= ~n3urlous ~o the public safety,
u.&=n anG welfare. As a result, Section 3 of the approved Joint
Powers Agreement legally obligates the City of Tustin to adopt by
January 1, 1990 the following interim TransPortation System
~.~mprovement Development Pe~s:
TSIP A
2% 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
$1.80 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 approximately 180 days the TSIP Authority may recommend
modifications to the interim fee program to reflect the adopted
TSIP. for each TSIP Area. Any future fee increases would require
future City Council action.
..
' Comrnu~ Dovoloprnont Dopartme~,
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City Council Report
Transportation System Improvement Program
November 20, 19.89
Page 3
Payment of the Development Fee would be required for any
construction or improvement project which would result in a new
building or structure or an increase in floor area within a TSIP
Area provided said improvements-exceed $20,000 in value. Fees
would not be required for construction of single family residential
units and accessory structures, tenant improvements which will not
increase floor area, off-street parking facilities and any
c°nstruction'for~which a fee'may not be lawfully imposed'by State
law.
As noted above, the City of Tustin is now legally obligated to
adopt a Transportation System Improvement Fee Program. If the City
does not ado~t the prescribed fee program identified above,
provisions contained in the Joint Powers Agreement would require
the City to pay the TSIP Authority the amount of the otherwise
required Development Fee out of City General Funds.
In compliance with provisions of the recently adopted JPA, staff
have prepared an enabling ordinance and accompanying resolution
· hich would designate certain TSIP Areas and set actual development
_ees in each TSIP area.
Ordinance No. 1037 would add Section 8101 k. to the Tustin City
Code which would establish the authority of the City Council to
create TSIP Areas and authorize the City Council to establish fees
by resolution that developers must pay for transportation
improvements located in or benefitting a TSIP Area. Resolution No.
89-165 would establish TSIP Area A and B as shown on Exhibit A
accompanying the Resolution. Area A is located in the northwest
portion of the City north of the I-5 freeway, west of a portion of
Newport Avenue and Prospect Avenue. Area B is located in the
southerly portion of the City, south of the I-5 freeway.
Development Fees would be collected as of January 1, 1990 and would
be required to be in effect pursuant.to the JPA as noted above.
Commu
Y Development Departme....
City Council Report
?ransportation SYstem Improvement Program
November 20, 1989
Page 4
~ONCLUSION
Provisions of the recently approved JPA between Santa Ana and
Tustin legally obligate the City to have in place Transportation
System Improvement Program Development Fees by January
Attached for the City Council is a recommended enabling 1, 1990.
ordinance
for introduction on November 20, 1989 and Resolution establishing
TSIP Area A and B and setting the Development Fee for each area for
adoption on December 4, 1989.
Christine ~le-~-~ ~
Director of Community Development
CAS:pef
-~tachments:
Ordinance No. 1037
Resolution No. 89-165
Commur, . Development Dopartmer,
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ORDINANCE NO. 1027
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
~he City Council of the City of Tustin does hereby ordain as
~ollows:
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
le
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.
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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 indicate~ 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
be
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.
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The.following construction and improvement projects
are specifically excluded from the requirements of
the section.
a. Construction of single family residential units
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Ordinance
Page 2
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and accessory structures.
Tenant improvements and maintenance work which
will not increase the floor area of existing
structures.
c. Off-street parking facilities.
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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 Impr0wement
Program Area is to identify and designate ~hose
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.
Ail monies received from fees collected pursuant to
Section 8101 k. for permits issued within a
Transportation System Improvement AuthQrity 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 Aha
creating the Tustin-Santa Aha Transportation System
Improvement Authority.
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~rdinance
Page 3
· 1037
PASSED AND ADOPTED at a regular meeting of the City Council held
~n the day of , 1989·
Ursula E. Kennedy
Mayor
Mary E. Wynn
City Clerk
1 RESOLUTION NO. , 165
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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
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
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WHER~ the restriction of the % of fees to transportation
system imp~¢ements which are located An, 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
R&D
Industrial
$2.60 per square foot of
building floor area
$1.80 per square foot of
building floor area
$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:
"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
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improvements will s. stantially benefit
Transportation System within the area."
the
PASSED AND ADOPTED at a regular meeting of the City Council
held on the day of November, 1989.
Richard B. Edgar
Mayor
Mary E. Wynn
City Clerk
CFI:cas(Q7)
W/S MILLWO~_
NIS
FAIRHAVEN
WIS EASTWOOD
NJ8 2ND
NI S 19TH
NIS
FRUIT
N/S
FOURTH
NIS
SEVE~EENTH
OTH
A ~Am
IRVINE
McFADDEN
d
BENEFIT AREA
LEGEND
N/S - NORTH SIDE
SiS - SOUTH SIDE
W/S - WEST SIDE
E/S - EAST SIDE
~ - CITY OF TUSTIN
~ - CITY OF SANTA ANA
NORTH
NOT TO SCALE
T~RANSPORTATION SYSTEM IMPROVEMEN';
PROGRAM (TSIP) BENEFIT AREAS
EXHIBIT