HomeMy WebLinkAboutORD FOR ADOPTION 09-15-86 ORDINANCES FOR ADOPTION
AGENDA
DATE: SEPTEMBER 15', 1986
L
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY WlANAGER
COIqIqUNI'rY DEVELOPMENT DEPARTlqENT
DEVELOPMENTS WIlllI# PROPOSED SPECIFTC PLAN ~7 AREA
RECOI~IENDED ACTION:
1. Adopt Ordinance No. 975 as an urgency ordinance.
Authorize staff to advertise a public hearing for the extension of the
ordinance beyond the 45 day limit for a period of 10 months and 15 days.
During this time Specific Plan No. 7 will be undergoing review and
adoption. ~
BACKGROUND:
Presently under consideration is the preparation and adoption of Specific Plan
No. 7 for the area bounded by Red Hill Avenue, Valencia Avenue, 55 Freeway and
the Amtrack line northerly of Edinger Avenue.
A traffic study conducted by Austtn-Foust Associates for this area identtfied,~
the critical need for circulation improvements that would require substantial
financial contributions from various sources totaling $13,000,000.
In May of 1985 Ordinance No. 930 was adopted as an urgency ordinance which
authorized the following fee schedule for developments within the Specific Plan
No. 7 area. These fees were proposed by Austin-Foust Associates to generate
$6,760,000 or approximately one-half of the cost of the public improvements:
Comm, rct al/of fi ce
R&D
I ndu strt al
$2.60 per sq.ft, of building floor area
$1.80 per sq.ft, of building floor area
$1.00 per sq.ft, of building floor area
Developers requiring di'scretionary action (i.e., Pacific Bell) have consented to
the payment of transportation improvement fees. Other projects are pending
which do not require discretionary action of the City and there is no existing
authority to require the payment of transportation improvement fees.
In August of 1985 the South Central Redevelopment Agency area was amended to
include the Specific Plan #7 area in order to gain appropriate contributions
toward these improvements or the other half of the public improvements.
DISCUSSION:
Presently under consideration is the preparation and adoption of Specific Plan
No. 7. However, it appears that it will require additional time to complete the
plan in order to resolve potential circulation issues.
,J
September 15, 1986
Ctty Council Report
Page 1~o
Sectton 65858 authorizes the Clty Council to adopt as an urgency measure an
lntertm ordinance prohibiting any use whtch may be tn conflict wtth a
comtemplated spectftc plan. The ordinance must be adopted by a 4/5 vote of the
Counctl and is valtd for 45 days. The ordinance may be extended for an
additional 10 months and 15 days after the Counctl gtves notice and conducts a
publtc hearing.
Ordinance No. 975 has been prepared as an urgency ordinance to require the
payment or security for payment of circulation fees pending the adoption of the
final plan. This ordinance will replace the previous Ordinances No. 930 and
No. 937 which have expired. This proposed ordinance will not establish a
moratorium on development but will require a review of all developments within
the area and enable the collection of fees for transportation and circulation
in~rovements.
Associate Planner
MAC/RB:pef
Attachment: Ordinance No. 975
ROBERT W. BALEN
Planning Consultant
Community Development Department
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ORDINANCE NO. 975
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA,
REQUIRING COMPLIANCE WITH PROPOSED SPE-
CIFIC PLAN, REQUIRING THE PAYMENT OF A
CIRCULATION IMPROVEMENT FEE, AND ESTAB-
LISHING AN INTERIM CIRCULATION IMPROVE-
MENT FEE SCHEDULE
The City Council of the City of Tustin, California, does
hereby ordain as follows:
I. The City Council finds and determines as follows:
The Planning Commission and City Council presently
have under consideration the adoption of Specific
Plan No. 7 and the adoption of a fee program for
bridges and major thoroughfares as authorized by
the City's ordinance No. 948 for the area located
northerly and southerly bf Edinger Street and
westerly of Red Hill Avenue as further depicted by
the map shown as Exhibit A, attached hereto and
made a part hereof.
Environmental Impact Reports and traffic studies
for the subject area indicate critical deficien-
cies in the circulation system serving the area
which cannot be accommodated without the financial
assistance of developing properties within the
subject area.
Ce
Further developments within the subject area in
conflict with the proposed Specific Plan, the
Circulation Element of the General Plan and with-
out developer contributions toward funding needed
circulation improvements, such as those identified
in the South Newport, Edinger Circulation Study,
would be injurious to the public safety, health
and welfare.
II. The City Council further finds and determines pursuant
to the California Planning and Zoning Law as follows:
ae
A proposed development within the area identified
by Exhibit "A" shall require a finding by the
Planning Commission that the proposed development
is not in conflict with the Specific Plan under
consideration or the City's Circulation Element.
Be
The issuance of a building permit for the area
identified by Exhibit "A" shall be conditioned
upon the payment of a Circulation Improvement Fee
so as to require a fair share contribution by the
developer based on type of use and building area.
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Ce
Until such time as a fee program is adopted,
pursuant to City Ordinance No. 948, the following
interim fee schedule for circulation improvements
is hereby established:
Commercial/Office
R&D
Industrial
$2.60 per sq. ft. of building
floor area
$1.80 per sq. ft. of building
floor area
S1.00 per sq. ft. of building
floor area
The above fee schedule is based upon the South
Newport, Edinger Circulation Study, which
estimates circulation improvement costs for the
subject area of S13.5 million.
Do
Developers who must pay Circulation Improvement
Fees shall either (1) pay those fees, or (2) enter
into an agreement with City and either post a bond
or other form of security acceptable to the
Director of Community Development prior to the
issuance of building permits for projects in the
area identified by Exhibit "A".
III. The City Council finds and determines that the
immediate adoption of the ordinance is an urgency mea-
sure necessary to protect and preserve the public
health, safety and welfare and ordains that this mea-
sure shall be effective immediately upon its adoption.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Tustin on the day of , 1986.
Attest:
Mayor
Mary Wynn, City Clerk
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EXI-STING DEV'bLOPED PARC-'=LS,:_.
INDt. JS'~' RIAL DRIVE
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EXHIBIT "A"
~ J.L. ',','EBB PLANNH
CITY OF TUSTIN
CIRCNJLATION FEE AGRE~_/TT
THIS AGREEMENT iS made and entered into between
hereinafter referred to as the "Developer", and the City of
Tustin, a municipal corporation of the State of California,
hereinafter referred to as the "City."
WHEREAS, the Developer has applied for building permits at
to construct the following:
Square Feet
(Gross Leasable)
Office/Research
and Development
Manufacturing/
Warehousing/Storage
Retail
Hotel/Motel
Other
Total
WHEREAS, the payment of fees for circulation improvements is
required by City Ordinance No. for projects within the area
identified on Exhibit "A", which is incorporated herein by this
reference; and
WHEREAS, City Ordinance No. __ allows developers who must
pay circulation improvement fees to either 1) pay these fees, or
2) enter into an agreement and post a bond or other form of
security acceptable to the Director of Community Development
prior to the issuance of building permits; and
WHEREAS, the Direotor of Community Development has reviewed
the aforementioned building permit application according to the
procedures and schedule specified in City Ordinance No. , and
has determined that the fee for circulation improvements is the
sum of S and is owed to the City as a condition of
(amount)
building permit approval; and
WHEREAS, the Developer desires to have the aforementioned
building permit approved; and
WHEREAS, the City is in the process of formulating a fee
program pursuant to City Ordinance No. 948 for bridges and major
thoroughfares for the area identified by Exhibit "A" (hereinafter
"Fee Program") which will replace the interim fee schedule
established by City. Ordinance No. __ and may affect the amount
due for circulation improvements.
NOW, THEREFORE, IT IS AGREED by and between the parties as
follows:
As a condition of approval by the City of building permit
for construction at
(number)
the Developer does hereby agree:
1. To pay to the City $
(address)
as required by City
.(amount)
Ordinance No. __ or such other amount as may be established in
the Fee Program adopted by City. Actual payment of fees for
circulation improvements shall be due within 14 days from the
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date the Fee Program is adopted. If the Developer elects to pay
the circulation fees due prior to the adoption of a Fee Program,
the amount paid under the interim fee schedule set forth in City
Ordinance No. __ shall be considered full payment of the amount
due and there shall be no adjustment of the amount due based upon
the Fee Program when established.
2. To ensure the payment of the fees required, the
Developer shall provide the City with a sufficient surety or
bond, in the form approved by the City, executed by a corporation
authorized to transact surety business in the State of California
in the penal sum of S prior to the issuance of building
( amount )
pe~.~its.
3. Where the Developer has posted surety or bonded for the
fees due and payment is being made after the Fee Program is
established, the Developer shall be obligated to pay the amount
owed under whatever fee schedule is adopted as part of the Fee
Program regardless of the fee amount calculated under the interim
fee schedule.
4. The Developer agrees that City Ordinance No. and
the circulation improvement fees established thereunder are a
reasonable means of allocating the cost of required circulation
improvements among those who will be benefitted by circulation
improvements affecting the area identified by Exhibit "A" both in
general and as applied to this project.
IN WITNESS WHEREOF, the parties herein have executed this
Agreement this
day of
· 1986.
CITY OF TUSTIN
A Municipal Corporation
ATTEST:
Mayor, City of Tustin
City Clerk· City of Tustin
APPROVED AS TO FORM:
OWNER
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By:
By:
EDf~GER STREET
tNDUS'/RtAL DRIVE
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SANTA FE J~RIVE
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EXISTING DEVELOPF'D""'PARC'-,:..LS
DEVELOPED' PARCELS
EXHIBIT "A"
I~'J~ JL. w£BB PLANNi;
CITY OF TUSTIN
FAITHFUL PERFORMANCE BOND
CONDITIONAL USE [BUILDING] PERMIT NO.
BOND NO.
PREMIUM
WHEREAS, the City Council of the City of Tustin, a municipal
corporation, State of California, and
(hereinafter designated as "principal"), have entered into a
Circulation Fee Agreement ("Agreement") executed on ,
whereby principal agrees to pay interim fees for circulation
improvements. Said. Agreement is attached hereto and made a part
hereof; and
WHEREAS, said principal is required under the terms of said
Agreement to furnish a bond for the faithful performance of said
Agreement.
NOW, THEREFORE, we, the principal and
as surety, are held and firmly bound unto the City of Tustin
(hereinafter called "City") in the penal sum of:
lawful money of the United States, for the payment of which sum
well and truly to be made, we bind ourselves, our heirs, succes-
sors, executors and administrators, jointly and severally, firmly
by these presents.
The condition of this obligation is such that if the above
bonded principal, his or its heirs, executors, administrators,
successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions,
and provisions in said Agreement and any alteration thereof made
as therein provided, on his or their part, to be kept and Der-
formed at the time and in the manner therein specified, and in
all respects according to their true intent and meaning, then
this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
As a Dart of the obligation secured hereby and in addition
to the face amount specified therefor, there shall be included
costs and reasonable expenses and fees· including reasonable
attorney's fees· incurred by City in successfully enforcing such
obligation, all to be taxed as costs and included in any judgment
rendered.
The surety hereby stipulates and agrees that no change,
extension of time, alterations or addition to the terms of the
Agreement shall in any way affect its obligations on this bond,
and it does hereby waive notice of any such change, extension of
time, alterations or addition to the terms of the Agreement.
IN WITNESS WHEREOF, this instrument has been duly executed
by the principal and surety above named on this day of
· 198 .
PRINCIPAL
By:
SURETY
By:
By:
Attorney-in-Fact
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