HomeMy WebLinkAboutOB 2 BRIDGE FEE PROG 10-21-85DATE: Inter Corn
TO:
FROM:
SUBJECT:
WILLIAM HUSTON, CITY MANAGER
BOB LEDENDECKER, DIRECTOR OF PUBLIC WO~RKS/CITY ENGINEER
MAJOR THOROUGHFARE, AND BRIDGE FEE PROGRAM FOR THE FOOTHILL/EASTERN
TRANSPORTATION CORRIDORS
RECOMMENDED ACTION:
Pleasure of the City Council.
BACKGROUND:
On October 10, 1985, the City Council held a public heari'ng on the'Major
Thoroughfare and Bridge Fee Program (MT & BFP) for the Foothill/Eastern
Transportation Corridors. This hearing was opened, testimony received from five
(5) individuals in opposition to the program and the hearing was closed at
approximately 7:55 p.m. No written protests were received from property owners
within the Area of Benefit boundaries within the Tustin city limits. No action
was taken on the MT & BFP at the October loth meeting and the item was continued
until the October 21, 1985 City Council meeting.
DISCUSSION:
One of the reasons for continuance of this item was to receive input from an
upcoming meeting to be held on Friday, October 18, 1985', to discuss the
possibility of modifying the Joint Powers Agreement. As of this writing, the
October 18th meeting with the J;P.A. members has not taken place and a separate
memo will be distributed on Friday, October 18th, providing the results of that
meeting.
In addition to the documents that were dispersed on the October lOth City Council
meeting, a copy of the final "Joint Exercise of Powers Agreement Creating the
Foothill/Eastern Transportation Corridor Agency" is also provided.
The City Council has two options with respect to the MT & BFP. One option would
be to adopt the program and become a participating member in the Foothill/Eastern
Transportation Corridor Agency pursuant to the terms of the Joint Exercise of
Powers Agreement. The second option to the City Council would be
non-participation within the program.
OCTOBER 15, 1985
PAGE 2
In the event the City Council chooses to participate within the MT & BFP, the
following actions will be required:
1. Adoption of Resolution No. 85-102 which adopts a negative declaration of
the proposed Area of Benefit and Major l'noroughfare and Bridge Fee
Progcam. .
2. Hold second reading of Ordinance No. 948 and adopt said Ordinance adding
Section 2800 to the City Code adopting a Major Thoroughfare and Bridge
Fee Program.
3. Adoption of Resolution No. 85-103 which establishes the Area of Benefit
and the Major Thoroughfare and Bridge Fee Program for the
Foothill/Eastern Transportation Corridors.
4. Approve the Joint Exercise Jf Powers Agreement Creating the
Foothill/Eastern Tranportation Corridor Agency and authorize the Mayor to
execute said Agreement on behalf of the City of Tustin. -
If the City Council chooses not to participate within the MT & BFP, no action on
any of the above mentioned documents is required and it is suggested that a mgtion
reflecting such action be passed.
Copies of all documents are attached for the Council's information.
Director of Public Works/City Engineer
BL:jr
Attachments
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ORDINANCE NO. 948
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN ADDING SECTION 2800 TO THE CITY CODE
ADOPTING A MAJOR THOROUGHFARE AND BRIDGE FEE
PROGRAM
WHEREAS, Government Code Section 66484.3 authorizes the City to
require by ordinance the payment of a fee as a condition of approval of a final
subdivision map or as a condition of issuing a building permit for the purpose
of defraying the cost of constructing major thoroughfares and bridges; and
WHEREAS, the City Council desires to adopt such a fee program in order
to insure that future development shall pay a share of the costs of
constructing transportation systems adequate to serve that development.
NOW., THEREFORE, the City Council of the City of Tustin hereby ordains
as follows:
SECTION 1: Section 2800 is hereby added to the City Code to read in
its entirety as follows:
"Sec. 2800. Major Thoroughfare and Bridge Fee".
a. A building permit applicant, as a condition of issuance of a
building permit, shall pay a fee as hereinafter established to
defray the costs of constructing bridges over waterways,
railways, freeways and canyons, or constructing major
thoroughfares.
b. Definitions.
The term 'construction' as used in this section includes
preliminary studies, design, acquisition of right-of-way,
administration of construction contracts, and actual
construction.
(2)
The term 'major thoroughfare' means those roads designated
as tranportation corridors and major, primary, secondary, or
commuter highways on the Master Plan of Arterial Highways,
the Circulation Element of the General Plan. The primary
purpose of such roads is to carry through traffic and
provide a network connecting to the State highways system.
(3)
'Bridge facilities' means those locations identified in the
transportation or flood control provisions of the
Circulation Element or other element of the General Plan as
requiring a bridge to span a waterway, a railway, freeway,
or canyon.
(4)
'Area of Benefit' means a specified area wherein it has been
determined that the real property located therein will
benefit from the construction of a major thoroughfare or
bridge project.
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do
ee
The provisions herein for payment of a fee shall apply only if
the major thoroughfare or bridge facility has been included in an
element of the City's General Plan or the General Plan of the
County of Orange adopted at least thirty (30) days prior to the
application for a building permit and on land located within the
boundaries of the area of benefit.
Payment of fees shall not be required unless any major
thoroughfares are in addition to, or a widening or reconstruction
of, any existing major thoroughfares serving the area at the time
of the adoption of the boundaries of the area of benefit.
Payment of fees shall not be required unless any planned bridge.
facility is a new bridge serving the area or an addition to an
existing bridge facility serving the area at the time of the
adoption of the boundaries of the area of benefit.
Action to establish an area of benefit may be initiated by the
City Council upon its own motion or upon the recommendation of
the Director of Public Works. The City Council shall set a
public hearing for each proposed area benefited. Notice of the
time and place of said hearing including preliminary information
related to the boundaries of the area of benefit, estimated costs
and the method of fee apportionment shall be given in the
following manner:
(1) Notice shall be given at least ten (10) calendar days before
the hearing by the following:
(a)
Notice published at least once in a newspaper of
general circulation within the proposed area of
benefit.
(b)
Notices posted throughout the proposed area of benefit
with at least three (3) notices posted at arterial
highway intersections within the proposed area of
benefit.
(¢)
Notices sent by first-class mail addressed to each
property owner within the boundary of the proposed area
of benfit.
(d)
Notices sent by first-class mail to all Municipal
Advisory Committees and known Homeowners' Associations
within the proposed area of benefit.
(e)
Notice by first-class mail to any person who has filed
a written request therefor with the Director of Public
Works. Such request shall apply for the calendar year
in which it is filed.
(1)
At the public hearing the City Council will consider the
testimony, written protests, and other evidence. At the
conclusion of the public hearing the City Council may,
unless a majority written protest is filed and not withdrawn
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(2)
(3)
(4.)
as specified in section g(3), determine to establish an area
of benefit. If established, the City Council shall adopt a
resolution describing the boundaries of the area of benefit,
setting forth the cost, whether actual or estimated, and the
method of fee apportionment. A certified copy of such
resolution shall be recorded by the City Clerk with the
Orange County Recorder's Office.
Such apportioned fees shall be applicable to all property
within the area of benefit and shall be payable as a
condition of issuing a building permit for such property or
portions thereof. Where the area of benefit includes lands
not subject to the payment of fees pursuant to this section,
the City Council shall make provisions of payment of the
share of improvement cost apportioned to such lands from
other sources.
Written protests shall be received by the City Clerk at any
time prior to the close of the public hearing. If written
protests are filed by the owners of more than one-half of
the area of the property to be benefited by the improvement,
and sufficient protests are not withdrawn so as to reduce
the area represented by the protests to less than one-half
of the area to be benefited, then the proposed proceedings
shall be abandoned, and the City Council shall not, for one
year from the filing of said written protests, commence or
carry on any proceedings for the same improvement under the
provisions of this section. Any protests may be withdrawn
by the owner making the same, in writing, at any time prior
to the close of the public meeting.
If any majority protest is directed against only a portion
of the improvement, then all further proceedings under the
provisions of this section to construct that portion of the
improvement so protested against shall be barred for a
period of one year, but the City Council shall not be barred
from commencing new proceedings not including any part of
the improvement so protested against. Such proceedings
shall be commenced by a new notice and public hearing as set
forth in subsection (f) above.
(5)
Nothing in this section shall prohibit the City Council,
within such one-year period, from commencing and carrying on
new proceedings for the construction of an improvement or
portion of the improvements so protested against if it
finds, by the affirmative vote of four-fifths of its
members, that the owners of more than one-half of the area
of the property to be benefited are in favor of going
forward with such improvement or portion thereof.
Fees paid pursuant to this section shall be deposited in a
planned bridge facility or major thoroughfare fund. A fund shall
be established for each planned bridge facility project or each
planned major thoroughfare project. If.the area of benefit is
one in which more than one bridge or major thoroughfare is
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required to be constructed, a separate fund may be established
covering all of the bridge projects or major thoroughfares in the
area of benefit. If the area of benfit encompasses one or more
bridges and one or more thoroughfares and all lands within the
area of benefit are subject to the same proportionate fee for all
bridges and thoroughfares, a single fund may be established to
account for fees paid. Moneys in such fund shall be expended
solely for the construcion or reimbursement for construction of
the improvements serving the area to be benefited and from which
the fees comprising the fund were collected, or to reimburse the
City for the costs of constructing the improvement.
i. The City Council may approve the acceptance of consideration in
lieu of the payment of fees established herein.
j. The City Council may approve the advancement of money from the
General Fund or Road Fund to pay the costs of constructing the
improvements covered herein and may reimburse the General Fund or
Road Fund for such advances from planned bridge facility or major
thoroughfare funds established pursuant to this section.
k. If the building permit applicant, as a condition of the issuance
of the building permit, is required or desires to construct a
bridge or major thoroughfare, the City Council may enter into a
reimbursement agreement with the applicant. Such agreement may
provide for payments to the applicant from the bridge facility or
major thoroughfare funding covering that specific project to
reimburse the applicant for costs not allocated to the
applicant's property in the resolution establishing the area of
benefit. If the bridge or major thoroughfare fund covers more'
than one project, reimbursements shall be made on a pro rata
basis reflecting the actual or estimated costs of the projects
covered by the fund."
SECTION 2: This ordinance shall be in full force and effect thirty
(30) days from and after its adoption.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council
held on the day of , 1985.
Frank H. Greinke
Mayor
ATTE ST:
Mary Wynn
City Clerk
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE FOOTHILL/EASTERN
TRANSPORTATION CORRIDOR AGENCY
TABLE OF CONTENTS
RECITALS ............................................
DEFINITIONS ................. .,, ...............
II
~URPOSE AND POWERS ...........................
2.1 Agency Created ..........................
2.2 Purpose of the Agreement; Common
Powers to be Exercised ..................
2.3 Powers ............. · ....................
III
ORGAN
3.1
3.2
3.3
3.4
3.5
3.6
3.';
3.8
3..9
3.10
3.11
3.12
3.13
3.14
3.15
IZATION ................................ ~
Me~ership ............. · ....... · ........
Names....... .... ...
o,rd of :::::::::::::::::::::::::::::::
Principal Office ........................
Meetings ....... ... ........... ...,.....,,,
Powers and Limitations Thereon ..........
Minutes ....................... · .........
Rules...
Officers ................ · ...............
Committees ................... ~ ..........
Additional Officers and Employees .......
Bonding Requirement .....................
Status of Officers and Employees ........
IV
CONTRIBUTIONS .................................
4.1 Imposition of Major Thoroughfare and
Bridge Construction Fee by Members ......
4.2 Annual ReView of Fees ...................
4.4 Compensation
of Agency for
Acquisition of Rights-of-Way
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RELATIONS WITH OTHER MAJOR THOROUGHFARE
AND BRIDGE FEE AGENCIES ......................
5.1 Joint Action with Other A~encies ........
5.2 Communications Between Corridor
A~encies ................
5.3 Lending and ~~ ~ ~
Between Agencies ........................
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(i)
VI
VII
VIII
IX
X
XI
BUDGETS AND DISBURSEMENTS ....................
6.1 Annual Budget ...........................
6.2 Disbursements.
6.4 Expenditures Within Approved Annual
Bud ge t.
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6.6 Reimbursement oE Funds ..................
SECURITIES
LIABILITIES ..................................
8.1 Liabilities..
ADMISSION AND WITHDRAWAL OF PARTIES ..........
9.1 Admission of New Parties ................
Withdrawal ..............................
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TERMINATION AND DISPOSITION OF ASSETS ........
10.1 Termination .............................
10.2 Distribution of Property and Funds ......
11.2 Not {'ce ..................................
11.3 Effective Date .......... ' ................
11.4 Arbitration .............................
11.5 Partial Invalidity ......................
11.6 Successors ..............................
11.7 Assignment ............... ; ........... "''
11.8 Execution ...............................
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(ii)
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE FOOTMILL/EASTERN
TRANSPORTATION CORR/DOR AGENCY
THIS AGREEMENT is made and ent%red into as of the --
day ofl , 1985, by and between five or more of
the following public a;enciss=
(b)
(c)
(d)
(e)
(f)
(g)
.. (h)
(i)
county, of Orange'
Cit~ of Anaheim
City of Irvine
City of Orange
City of San Clements
City of San Juan Capistrsno
City of Santa Aha
City of Tustin
City of Yorba Linda
R E C I T A L S:
A. The Califo[hia State Legislature adopted Chapter
708, Statutes 1984, adding Section 66484.3 to the Government
Code authorizing the County of Orange and any city within the
County of Orange to mequire by ordinance the payment of a fee
as a condition of approval of a final map or as a condition
of issuing a building permit, for the purpose of defraying
the actual or estimated cost of constructing bridQes over
waterways, railways, freeways, and canyons or constructing
major thorouQhfares.
B. The parties to this Agreement have territory within
or related to those areas known as the Foothill and Eastern
Transportation Corridors and desire to impose such a fee
pursuant to Government Code Section 66484.3 in order to
finance the planning, acquisition and construction of major
thoroughfares and bridges in the Foothill and Eastern Trans-
portation Corridors. The parties hereto have the common
power to conduct such transportation planning, financing and
construction.
C. It has been deter~ained by the parties hereto that
it is in the best interests of the respective parties to join
together to administer the funds provided by these fee pro-
grams, and to plan, acquire and construct said thoroughfares
and bridges.
D. Each of the parties is authorized to contract with
each other for the joint exercise of any common power under
Article 1, Chapter 5, Division 7, Title 1 of the Government
Code of the State of California.
E. The parties hereto recognize that, in order to
serve the purposes stated herein, the imposition of fees in
excess of the above-described fees should not be required or
recommended, as a condition to any annexation, incorporation
or other reorganization involving territory claimed or con-
trolled by the parties hereto.
F. The parties hereto recognize that, in order to
serve the purposes stated herein, additional funding other
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than that
obtained.
additional
received from the above-described fees must be
Each party has agreed to cooperate in obtaining
financing, including, but not limited to, debt
financing, assessment districts, s~ecial legislation, Arteri-
al Highway Financing pro, ram funds and other forms of govern-
mental grants-in-aid.
G. The parties hereto reco~nize that 'in accordance
with the principles of sound community planning, future land
use decisions should not upset the balance between land use
intensity and adequate trans~ortation facilities.
H. It is anticipated by the part~'es hereto that the
public agency created pursuant to this Agreement shall termi-
nate u~on the effective date of the inclusion of the trans-
portation facilities constructed Pursuan~ to this Agreement
in the California State Highway System, as defined and
governed by Division i of the Streets and Highways Code.
NOW, THEREFORE, in consideration of the mutual promises
and covenants herein;:contsined, the parties hereto agree as
follows~
DEFINITIONS
For the purposes of this Agreement,
words shall have the following meanings:
a. 'Agreement' means this Joint
Powers Agreement.
the following
Exercise of
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TATION CORRIDOR AGENCY formed
Agreement.
c. "Annual Budget" means
"Agency" means the FOOTHILL/EASTERN TRANSPOR-
pursuant to this
the approved budget
applicable to the expenses of administration of the
AGency.
d. "Board" means the governing body of the
Agency.
e. "Ex Officio Members" mean Board members who do
not have a vote in Agency matters and whose presence
shall not be counted in determining whether a quorum
sufficient to transact Agency business exists.
f. "Executive Director" means the chief operating
employee selected by the Board to manage the day-to-day
activities of the Agency. The Executive Director shall
not be an employee of any individual member of the
Agency.
g. "Fiscal Year" means July 1st to and-including
the following June 30th.
h. "Members" or "Board Members" mean those per-
sons serving as members of the Board or their alter-
nates.
i. "Party" means each of the parties which
becomes a signatory to this Agreement, accepting the
rights and obligations of the Agency hereunder, includ-
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ing any public entity executing an addendum of the
original agreement as hereinafter provided.
j. "Quarter" means July 1st to and ~ncluding
September 30th, October 1st tc~ and including December
31~t, January 1st to and including March 31 and April
1st to and including June 30th.
PURPOSE AND POWERS
2.1 Agency Created.
There is hereby created a public entity to be known
as the -FOOTHILL/EASTERN-TRANSPORTATION CORRIDOR AGENCY. ·
The Agency is formed by this Apree~ent pursuant to the provi-
sions of Article 1, Chapter 5, Division 7, Title I of the
Government Code of the State of Californi~. The Apency shall
be a public entity separate from the parties hereto.
2.2 Purpose of the A~reement; Common Powers to be Exer-
cised.
Each membe'r~' has the common POwer to plan for,
acquire, construct, maintain, repair, manage, operate, and
control facilities for one or more of the following purposes:
a. The financing of and the imposing of fees for
the planning and construction of major thoroughfares and
bridges;
b. The power to plan for, acquire, and construct
environmentally-sensitive thoroughfares and bridges to
conform to the technical standards of the California
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Department of Transportation (CALTRANS) and the Federal
Highway Administration (FHWA), whenever possible.
The purpose of this AGreement is to jointly exer-
cise the foregoing common powers to undertake such studies
and planning relative to the Foothill and Eastern Transporta-
tion Corridors as may be necessary to establish areas of
benefit, to recommend to its members the adoption of local
ordinances and the undertaking of all acts necessary for the
imposition of fees by those members pursuant to Government
Code Section 66484.3 and to fund, plan, acquire, construct,
maintain, repair, manage, operate and control the major
thoroughfares and bridges in the Foothill and Eastern
Transportation Corridors.
Board planning policy shall respond to those memoranda
of understanding "and various minute orders and policy state-
ments adopted by each party to this Agreement, attached
hereto collectively as Exhibit "A' and incorporated by
reference herein.
2.3 Powers.
The AGency shall have the power in its own name to
do any of the following:
a. To exercise jointly the common powers of its
members in studying and planning ways and means to
provide for the design, financing, and constructing of
the Foothill and Eastern Transportation Corridors;
b. To make and enter into contracts;
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deems necessary~
d. To appoint &gents~
e. To lease, acquire,
c. To contract for the services of engineers,
attorneys, planners, financial consultants, and separate
and apart therefrom to employ such other persons, as it
construct, manage, main-
tain, and operate any buildings, works, or improvements~
f. To acquire, hold, and dispose of property by
eminent domain, lease,, lease purchase or eale~
g. To ~ncu= debts, liabilit~es, o=
subject to l~mitations herein'set
h. To receive gifts, contributions and donations
of property, funds, services and other forms of
rial assistance fr_~ persons, firms~ corporations and
any governmental
i. To sue and be sued In its own name~
j. To apply for an appropriate grant or grants
under any federai'; state, or local programs for assis-
tance in ~eveloping any of its programs~
k. To adopt rules, regulations, policies, bylaws
and procedures governing the operation of the Agency~
and
1. To the extent not herein specifically provided
for, to exercise any powers in the manner and according
to the methods provided under applicable laws.
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III
ORGANIZATION
3.1 Membership.
The parties to the Agency shall be each public
entity which has executed or hereafter executes this Agree-
ment, or any addenda, amendment, or supplement thereto, and
which has not, pursuant to the provisions hereof, withdrawn
therefrom.
3.2 Names.
The names, particular capacities and addresses of
the parties at any time shall be shown on Exhibit "B" attach-
ed hereto, as amended or supplemented from time to time.
3.3 Board of Directors.
a. The Board of Directors shall consist of the
following:
(i) one voting member from each of the fol-
lowing entities which have become members of the Agency
pursuant to Section 3.1 above: the cities of Anaheim,
Irvine, Orange, San Clemente, Santa Aha, San Juan
Capistrano, Tustin, and Yorba Linda.
(ii) two voting members from the County of
Orange (in the event that the County of Orange becomes a
member of the Agency pursuant to Section 3.1 above),
said members to be the duly elected supervisors for the
Third and Fifth County of Orange Supervisorial Dis-
tricts, or their alternates.
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(iii) one ex officio member representing the
California Department of Transportation and one ex offi-
cio member representing the Orange County Transportation
Commission. The Board may, fro~ time to time appoint
add~tional ex officio members.
b. Except for ex officio members, each member of
the Board shall be a c~rrent member of the legislative
body such member represents.
c. Each participating member shall also have an
alternate, who must also be a current member of the
legislative body of the party such alternate represents
with the exception of the alternates to the members
representing the County of Orange. The name of the
alternate member shall be on file w~th the Board. An
alternate member shall assume all rights and duties of
the absent member.
d. Each member and alternate shall hold' office
from the first meeting of the Board after appointment by
the city council or Board of Supervisors until a succes-
sor is named. Members and alternates shall be appointed
by and serve at the pleasure of their appointing body
and may be removed at any time, with or without cause,
at the sole discretion of the legislative body of the
party such member represents.
e. A board member shall receive only such compen-
sation from the Agency for his services as may be
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approved by not less than two-thirds (2/3) of the
members of the Board.
f. A board member may be reimbursed for expenses
incurred by such member in the conduct of the business
of the Agency.
3.4 Principal Office.
The principal office of the Agency shall be estab-
lished by the Board and shall be located within the County of
Orange. The Board is hereby granted full power and authority
to change said principal office from one location to another
in the County of Orange. Any change shall be noted by the
secretary under this section but shall not be considered an
amendment to this Agreement.
3.5 Meetings.
The Board shall meet at the principal office of the
Agency or at such other place as may be designated by the
Board. The time and place of regular meetings of the Board
shall be determined by resolution
copy of such resolution shall be
hereto. Regular, adjourned, and
adopted by the Board; a
furnished to each party
special meetings shall be
called and conducted in accordance with the provisions of the
Ralph M. Brown Act, Government Code Sections 54950 et seq.,
as it may be amended.
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3.6 ~uorum.
Not less than two-thirds of the members shall
constitute a quorum for the purposes of the transaction of
business relating to the Agency.
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3.7 Powers and Limitations Thereon.
All of the powers and authority of the Agency shall
be exercised by the Board, subject however, to the reseL'ved
rights of the parties as herein set forth. Unless otherwise
provided herein, each member or participating alternate shall
be entitled to one vote, and except as otherwise provided
herein, a vote of the majority of those present and qualified
to vote may adopt any motion, resolution, or order and take
any other action they deem appropriate to carry forward the
objectives of the Agency.
3.8 Minutes.
The secretary of the Agency shall cause to be kept
minutes of regular, adjourned regular, and special'meetings
of the Board, and shall Cause a copy of the minutes to be
forwarded to each member and to each of the members hereto.
3.9 Rules.
The Board may adopt from time to time such rules
and regulations for the conduct of its affairs consistent
with this Agreement.
3.10 Vote or Assent of Parties.
The vote, assent, or approval of parties in any
matter requiring such vote, assent or approval hereunder
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shall be evidenced by a certified copy of the action of the
governing body of such party filed with the Agency. It shall
be the responsibility of the Executive Director to obtain
certified copies of said actions.,
. 3.11 officers.
There shall be selected from the membership of the
Board, a chairman and a vice chairman. The Board shall
appoint a secretary who may be a member. The Board shall
appoint an officer or employee of the Board or an officer or
employee of a member public agency to hold the offices of
treasurer and auditor for the Agency. Such Offices may be
held by separate officers or employees or may be combined and
held by one such officer or employee, as provided by the
Board. Such peFson or persons shall possess the powers of,
and shall perform the treasurer and auditor functions for,
the Agency and perform, those functions required by Government
Code Sections 6505, 6505.5, and 6505.6, including' any subse-
quent amendments thereto.
The chairman, vice chairman, and secretary shall
hold office for a period of o~e year commencing July 1st of
each and every fiscal year; provided, however, the first
chairman, vice chairman, and secretary appointed shall hold
office from the date of appointment to June 30th of the ensu-
ing fiscal year. Except for the Executive Director, any
officer, employee, or agent of the Board may also be an
officer, employee, or agent of any of the members. The
-12-
appointment by the Board of such a person shall be evidence
that the two positions are compatible.
3.12 Committees.
The Board may, as it deems appropriate, appoint
committees to accomplish the purposes set forth herein. Any
meeting of such a committee shall be deemed to be a meeting
of the Agency for compensation purposes only and all such
meetings of the Agency shall be open to all members.
3.13 Additional Officers and Employees.
The Board shall have the power to appoint such
additional officers and to employ such employees and assist-
ants as may be appropriate. Such officers and employees may
also be, but are not required to be, officers and employees
of the individual members. ..
3.14 Bonding Requirement. '
The officers or persons who have charge of, handle,
or have access to any property of the Agency shal~ be the
members of the Board,~ the treasurer, the auditor, and any
other officers or persons to be designated or empowered by
the Board. Each such officer or person shall be required to
file an official bond with the Board in an amount which shall
be established by the Board. Should the existing bond or
bonds of any such officer be extended to cover the obliga-
tions provided herein, said bond shall be the official bond
required herein. The premiums on any such bonds attributable
-13-
of the members..or, by reason of
Board, to be subject to any of
membe rs.
to the coverage required herein shall be appropriate expenses
of the Agency.
3.15 Status of Officers and ~m~loyeeS.
All of the privileges ~nd immunities from liabil-
ity,J exemption from laws, ordinances and rules, all pension,
relief, disability, worker's compensation, and other benefits
which apply to the activity of officers, agents, or employees
of any of the members when performing their respective func-
tions shall apply to them to the same degree and extent while
engaged in the performance of any of the functions and other
duties under this Agreement. None of "the officers, agents,
or employees appointed by the Board shall be deemed, by rea-
son of their employment by the Board, to be employed by any
their employment by the
the requirements of such
CONTRIBUTIONS
4.1 Imposition of Major Thoroughfare aqd Brid~e Con-
struction Fee by ParRies.
On or before the effective date of this Agreement
(or in th~ case of a new party, on or before that party
becomes signatory to this Agreement), each party shall
require by ordinance or resolution the payment of a fee as a
condition of issuing building permits, for the purposes of
defraying the actual or estimated cost of constructing major
-14-
thoroughfares and bridges, in accordance with California
Government Code Section 66484.3. Said fee shall be in the
form, and in those amounts set forth in the "Major Thorough-
fare and Bridge Fee Program For the San Joaquin Hills
Transpor~ation Corridor and Foothill/Eastern Transportation
Corridors," attached hereto as Exhibit "C' and incorporated
by reference herein. The imposition of said fee by each
party shall be a condition precedent to that party's par-
ticipation in the Agency.
4.2 Annual Review of Fees.
At least once annually, the Board shall undertake a
review of the above-described fee program and may, upon
approval of not less than two thirds (2/3) of its members,
modify the fee to be imposed by the par~ies hereto. The
legislative body of each party shall impose said revised fee
within one hundred twenty (120) days, and if a party fails to
impose said fees, repeals the enabling ordinance 'or fee
requirement, or otherwise disables itself from the collection
and remittance of said fees to the AGency, on the effective
date of any such action or upon expiration of the aforemen-
tioned time period, whichever is sooner, such action shall be
deemed the withdrawal of that party from the Agency, subject
to the conditions specified in Section 9.2 below.
When the total amount of fees collected by the
Agency pursuant to this Article has exceeded fifty percent
(50%) of the estimated total cost for the projects to be con-
-15-
structed pursuant to this Agreement, the Board, upon the
approval of not less than two thirds (2/3) of its members,
may extinguish the obligations of the parties to remit said
fees to the Agency or, in the alternative, may restrict the
futuFe obligations of the parties to remit said fees to the
Agency to an amount to be determined by the Board.
4.3 Pa~n~ent.
Each party agrees to contribute said fees to the
Agency in quarterly payments. In addition, the Board, upon
approval of not less ~han two-thirds (2/3) of its members,
may assess each party of the Agency an amount in excess of
the amount of said fees collected by that party in order to
meet overhead and other administrative expenses specified in
the annual budg%~. For the purposes of this Agreement, the
"contribution' of each party shall include the corridor fees
imposed pursuant to this Agreement, any excess amounts
assessed to the party by the Board, and any voluntary contri-
butions made to the Agency by the party.
The contribution of each party of the Agency
specified herein shall be due- and payable sixty (60) days
after receipt of billing therefore from the Agency. The
Board may authorize an audit of any party to determine
whether said contributions accurately reflect each party's
obligations under this Agreement. Unpaid contributions shall
bear interest at a rate to be determined by the Board. In
the event that any party fails to remit said contributions to
-16-
the Agency, said failure may be deemed by the Board to be a
withdrawal of that party from the Agency.
In the event that any dispute arises as to the
amount of fees assessed any person under the fee program, any
·
aggrieved person may appeal the decision of a party hereto
regarding the appropriate amount of the assessment to the
Agency, which decision.shall be final. In the event that any
party hereto becomes a party to litigation regarding the
legality of the fee program, or the fees imposed pursuant to
the fee program, the Board, where it deems appropriate, may
defend such action or lend other assistance to said party in
said action.
4.4 Compensation of Agency for Acquisition of Rights-
of-Way.
When it is within its Dower to do so, each party
shall be individually responsible for the acquisition by
dedication pursuant to Title 7, Division 2 of the Government
Code of rights-of-way and similar property interests within
its territory which are necessary to accomplish the purposes
of this Agreement. In the event that a party fails to
acquire these rights-of-way by the above-mentioned means
after the route alignments for the Eastern and Foothill
Transportation Corridors are established and accepted by the
Agency, that party shall compensate the Agency for all costs
(including attorneys' fees) incurred by the Agency in acquir-
ing said property interests.
-17-
V
RELATIONS WITH OTHER MAJOR THOROUGHFARE
AND BRIDGE FEE AGENCIES
5.1 Joint Action with Othe~ A~encies.
In the event that other major thoroughfare and
bridge fee agencies are formed for the purpose of planning,
coordinating, acquiring, constructing, maintaining, repair-
ing, managing, operating and controlling major thoroughfares
and bridges in the San Joaquin Hills Transportation Corridor
or other transportation corridors, the Board is authorized to
make or perform any agreement to join ~ith said agencies in
the planning and implementation of said thoroughfares and
bridges, when it is deemed appropriate.
· 5.2 Commun~.cations Between Corridor A~encies.
In the event that the agencies described in Section
5.1 above are formed, the chairman or his designate shall
meet with the chairmen, or their designates, of said agencies
at least quarterly, for the purpose of coordinating the plan-
ning, financing and construction activities of the various
agencies.
5.3 Lendin~ and Borrowing of Funds Between A~encies.
When it is found to be beneficial to the purposes
of the Agency and the general purpose of improving transpor-
tation facilities in Orange County, the Board is authorized
to lend and borrow available funds and services to the
agencies described in Section 5.1 above, upon the approval of
-18-
not less than two thirds (2/3) of the members of the Board.
The Board shall specify the date and manner in which the
funds or services shall be repaid and may provide for the
payment of interest on the loan.
VI
BUDGETS AND DISBURSEMENTS
6.1 Annual Budget.
The Board shall adopt upon the approval of not less
than two thirds (2/3) of the members of the Board, an annual
budget, for the ensuing ~iscal year, pursuant to procedures
developed by the Board.
6.2 Disbursements.
The auditor shall draw warrants upon the approval
and written order of the Board. The Boar~ shall requisition
the payment of funds, only upon approval of such claims or
disbursements and such requisition for payment in accordance
with rules, regulations, policies, procedures and bylaws
adopted by the Board,- '
6.3 Accounts.
All funds will be placed in object accounts and the
receipt, transfer, or disbursement of such funds during the
teum of this Agreement shall be accounted for in accordance
with General accepted accounting principles applicable to
Governmental entities. There shall be strict accountability
of all funds. Ail revenues and expenditures shall be report-
ed to the Board.
-19-
6.4 Expenditures Within Approved Annual Budget.
Ail expenditures within the designations and limi-
tations of the approved annual budget shall be made upon the
approval of a majority of the members of the Board. Notwith-
standing the above, no expenditures shall be made for the
purpose of the acquisition of rights-of-way or similar prop-
erty interests except upon the approval of not less than two
thirds (2/3) of the members of the Board. No expenditures in
excess of those budgeted shall be made without the approval
of not less than two thirds (2/3) of the members of the Board
to a revised or amended budget which may, from time to time,
be submitted to the Board.
6.5 Audit.
The records and accounts of the Agency shall be
%
audited annually by an independent certified public account-
ant and copies of such audit report shall be filed with the
County Auditor, State Controller and each party to the Agency
no later than fifteen (15) days after receipt of said audit
by the Board.
6.6 Reimbursement of Funds.
Grant funds received by the Agency from any fed-
eral, state, or local agency to pay for budgeted expenditures
for which the Agency has received all or a portion of said
funds from the parties hereto shall be paid to said parties
in proportion to the contributions made by each party.
-20-
VII
SECURITIES
7.1 Securities.
Upon the approval of the Bpard, one or more parties
of the-Agency may Jointly participate in any statutory power
for the issuance of securities to finance the fees authorized
by Government Code Section 66484.3, including the power to
establish one or more community facilities districts under
the Mello Roos Community Facilities District Act of 1982,
Government Code Section 53311, et seq., or any other appli-
cable legislation. Other than the fees specified herein, no
funds of a party to this Agreement shall be utilized as
security or as a source for the payment or redemption of any
securities,, without the consent of the ~egislative body of
that party.
VIII
LIABILITIES
8.1 LiabilitieS~
The debts, liabilities, and obligations of the
Agency shall be the debts, liabilities, or obligations of the
Agency alone and not of the parties to this Agreement, unless
expressly specified herein.
8.2 Hold Harmless and Indemnity.
Each party hereto agrees to indemnify and hold the
other parties harmless from all liability for damage, actual
or alleged, to persons or property arising out of or result-
-21-
ing from negligent acts or omissions of the indemnifying
party or its employees. Where the Board itself or its agents
or employees are held liable for injuries to persons or prop-
erty, each party's liability for contribution or indemnity
for such injuries shall be based proportionately upon the
contributions (less voluntary contributions) of each member.
In the event of liability imposed upon any of the parties to
this Agreement, or upon the Board created by this Agreement,
for injury which is caused by the negligent or wrongful act
or omission of any of the parties in the performance of this
Agreement, the contribution of the party or parties not
directly responsible for the negligent or wrongful act or
omission shall be limited to One Hundred Dollars ($100.00).
The party or pa~ties directly responsible for the negligent
or wrongful acts or omissions shall indemnify, defend, and
hold all other parties harmless from any liability for per-
sonal injury or property damage arising out of the perform-
ance of this Agreement.
IX
ADMISSION AND WITHDRAWAL OF PARTIES.
9.1 Admission of New Parties.
It is recognized that public entities, other than
the original parties, may wish to participate in the Agency.
Additional public entities may become Parties to the Agency
upon such terms and conditions, including, but not limited
to, financial contributions, as provided by the Hoard and the
-22-
unanimous consent of each existing party to the Agency,
evidenced by the execution of a written addendum to this
Agreement, and signed by all of the parties including the
additional party. ,
9~2 Withdrawal.
It is fully anticipated that each party hereto
shall participate in the Agency until the purposes set forth
in Section 2.2 above are accomplished. The withdrawal of any
party, either voluntary or involuntary pursuant to Sections
4.2 and 4.3 above, unless otherwise provided by the Board,
shall be conditioned as follows: (i) in the case of a
voluntary withdrawal, written notice shall be given one
hundred and twenty (120) days prior to the end of a fiscal
year; (ii) the fee program established by..the party pursuant
to this Agreement shall remain in effect for a period of at
least four (4) years after its adoption and for any addition-
al period of time in which the Agency has theretofore made a
financial commitment secured by the receipt of such fees;
(iii) said withdrawal shall not relieve the party of its
proportionate share of any debts or other liabilities incur-
red by the Agency prior to the effective date of the party's
withdrawal, nor any liabilities imposed upon or incurred by
the party pursuant to this Agreement prior to the effective
date of the withdrawal; and (iv) said withdrawal shall result
in the forfeiture of that party's rights and claims relating
-23-
tO distribution of property and funds upon termination of the
Agency, as set forth in Section 10.2 below. X
TERMINATION AND DISPOSITION OF ASSETS
10.1 Termination.
The Agency shall continue to exercise the joint
powers herein until the termination of this Agreement and any
extension thereof or until the parties shall have mutually
rescinded this Agreement; providing, however, that the Agency
and this Agreement shall continue to exist for the purposes
of: disposing of all claims, distribution of assets and all
other functions necessary to conclude the affairs of the
Agency.
Te=minstion shall be accomplished by written con-
sent of all of the parties, or shall occur upon the with-
drawal from the Agency of a sufficient number of the agencies
enumerated herein so as to leave less than five of the
enumerated agencies remaining in the Agency, or shall occur
upon the effective date of the inclusion of the transporta-
tion facilities constructed pursuant to this Agreement in the
California State Highway System as defined and governed by
Division 1 of the Streets and Highways Code.
10.2 Distribution of Property and Funds.
In the event of the termination of this Agreement,
any property interest remaining in the Agency following the
discharge of all obligations shall be disposed of as the
-24-
Board shall determine with the objective of rekurning to each
party or former party a proDortionate return on the contri-
butions made to such properties by such parties, less pre-
vious returns, if any, provided that said property interests
shall .be utilized to construct major arterial transportation
facilities which accomplish the purposes of the Foothill/
Eastern Transportation Corridors, to the extent legally pos-
sible.
In the event of the termination of this Agreement,
any funds remaining following the discharge of all obliga-
tions shall be disposed of by returning ~o each'Party a pro-
portionate share of such funds equal to the ~ercentage of the
contribution made by each party, less each party's propor-
tionate share of expenditures, if any, ..provided that said
funds shall be expended to construct m~jor arterial transpor-
tation facilities which accomplish the purposes of the
Foothill/Eastern Transportation Corridors, to the extent
legally possible.
XI
MISCELLANEOUS
11.1 Amendments.
This Agreement may be amended with the approval of
not less than three-fourths (3/4) of all members.
11.2 Notice.
Any notice or instrument required to be given or
delivered by depositing the same in any United States Post
-25-
office, registered or certified, postage prepaid, addressed
to the addresses of the parties as shown on Exhibit
shall be deemed to have been received by the party to whom
the same is addressed at the expiration of seventy-two (72)
hours after deposit of the same in the United States Post
office for transmission by registered or certified mail as
aforesaid.
11.3 Effective Date.
This Agreement shall be effective and the Agency
shall exist at such time as this Agreement has been executed
by any five or more of the public agencies enumerated herein.
11.4 Arbitration.
Any controversy or claim between any two or more
parties to thi~ Agreement, or between any such party or
parties and the Agency, in respect to the Agency's opera-
tions, or to any claims, disputes, demands, differences,
controversies, or misunderstandings arising under, out of, or
in relation to this contract, or any breach thereof, shall be
submitted to and determined by arbitration. To the extent
not inconsistent herewith, the rules of the American Arbitra-
tion Association shall apply. The party desiring to initiate
arbitration shall give notice of its intention to arbitrate
to every other party to this Agreement and the Agency. Such
notice shall designate as "respondents" such other parties as
the initiating party intends to have bound by any award made
therein. Any party not so designated but which desires to
-26-
join in the arbitration may, within ten (10) days of service
upon it of such notice, file a response indicating its inten-
tion to join in and to be bound by the results of the arbi-
tration, and further designating aWy other parties it wishes
to na~e as a respondent. Within twenty (20) days of the
service of the initial demand for arbitration, the American
Arbitration Association, hereinafter referred to as 'AAA",
shall submit simultaneously to the initiating party and to
all parties named as respondents or filing a response there-
in, an identical list of names of persons chosen from the AAA
National Panel of Arbitrators which persons shall be, to the
extent possible, persons first in the field of transportation
as well as public law. Each party to the dispute shall have
seven (7) days from the mailing date in"which to cross off
any names to which he or she objects, number the remaining
names indicating the order of his or her preference, and
return the list to the AAA. If a party does not return the
list within the time specified, all persons named therein
shall be deemed acceptable. From among the persons who have
been approved on both lists, in accordance with the
designated order of mutual preference, the AAA shall invite
the acceptance of an arbitrator to serve. If the parties
fail to agree upon one of the persons named, the acceptable
arbitrator is unable to act, or if for any other reason the
appointment cannot be made from the submitted list, the AAA
shall have the power to make the appointment of the arbi-
-27-
trator from other members of the panel without the submission
of any additional list.
The arbitrator shall proceed to arbitrate the mat-
~er in accordance with the provisions of Title 9 of Part 3 of
the Code of Civil Procedure.
11.5 Partial Invalidity.
If any one or more of the terms, provisions, sec-
tions, promises, covenants or conditions of this Agreement
shall to any extent be adjudged invalid, unenforceable, void
or voidable for any reason whatsoever by a court of competent
jurisdiction, each and all of the remaining terms, provi-
sions, sections, promises, covenants and conditions of this
Agreement shall not be affected thereby and shall be valid
and enforceable to the fullest extent permitted by law.
11.6 Successors.
This Agreement shall be binding upon and shall
inure to the benefit of the successors of the parties hereto.
11.7 Assignment.
The parties hereto shall not assign any rights or
obligations under this Agreement without written consent of
all other parties.
-28-
11.8 Execution.
The Board of Supervisors of the County of Orange
and the city councils of the cities enumerated herein have
each authorized execution of this A~reement, as evidenced by
the authorized signatures below, respectively.
ATTEST:
Clerk of the Board of
Supervisors
By.
Dated
COUNTY OF ORANGE
By
Chai~.,an
Board of Supervisors
ATTEST:
City Clerk
City of Anaheim
By
Dated
CITY OF ANAHEIM
Mayor
ATTEST:
City Clerk
City of Irvine
By
Dated
CITY OF IRVINE
By
- Mayor
-29-
ATTEST:
City Clerk
City of Orange
By
Dated
CITY OF ORANGE
By
Mayor
ATTEST:
City Clerk
City of San Clemente
By
Dated
CITY OF SAN CLEMENTE
By
Mayor
ATTEST:
City 'Clerk
City of San Juan Capistrano
By
Dated
CITY OF SAN JUAN
CAPISTRANO
Mayor
ATTEST:
City Clerk
City of Santa Aha
Dated
CITY OF SANTA ANA
Mayor
-30-
ATTEST:
City Clerk
City of Tustin
By.
Dated
CITY OF TUSTIN
By¸
Mayor
ATTEST=
City Clerk
City of Yorba Linda
By.
Dated
CITY OF YORBA LINDA
By
Mayor
-31-
MAJOR THOROUGHFARE
AND
BRIDGE FEE PROGRAM
FOR
SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR
AND
FOOTHILL/EASTERN
TRANSPORTATION CORRIDORS
PREPARED BY
ENVIRONMENTAL MANAGEMENT AGENCY
TRANSPORTATION/FLOOD CONTROL PROGRAM OFFICE
JULY 1985
£XHIz~IT ~ '
MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM
FOR
SAN JOAQUIN }{ILLS TRANSPORTATION CORRIDOR
AND
FOOTHILL/EASTERN TRANSPORTATION CORRIDORS
Prepared by
Environmental Management Agency
Transportation/Flood Control Program Office
JULY 1985
SECTION
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
XII
XIII
TABLE OF CONTENTS
TITLE
Executive Summary
Background
Description of Corridor
Corridor Planning
Estimated Costs
Overall Financing
Area of Benefit
Description of Area of Benefit (AOB)
Fees
Deferral of Fees
Criteria for Collection of Fees
Development Exactions & Credits
Annual Fee Adjustment
City Participation in Fee Program
PAGE
1
3
4
5
6
7
8
10
15
21
21
21
24
24
DT20-4
EXHIBIT NO.
I
II
III
IV
V
VI
VII
VIII
IX
X
XI
TABLE NO.
IV-1
IV-2
VII-1
VII-2
VIII-1
VIII-2
VIII-3
VIII-4
LIST OF EXHIBITS
TITLE PAGE
Area of Benefit Index Map with City Boundaries 25
Resolution 82-598, Transportation Corridor 26
Development Policy
Area of Influence for Corridor Users, 29
San Joaquin Mills Transportation Corridor
Area of Influence for Corridor Users, 30
Foothill/Eastern Transportation Corridors
Area of Benefit, San Joaquin Hills Transportation Corridor 31
Area of Benefit, Foothill/Eastern Transportation Corridors 32
Fee Program Share of Total Corridor Cost, SJHTC 33
Fee Program Share of Total Corridor Cost, F/ETC 35
Cost Per Trip End Analysis, SJMTC 37
Cost Per Trip End Analysis, F/ETC 38
Daily Vehicle Trip Generation Rates 39
LIST OF TABLES
TITLE
San Joaquin Hills Transportation Corridor Cost
Foothill/Eastern Transportation Corridor Cost
San Joaquin Hills AOB by Local Jurisdiction
Foothill/Eastern AOB by Local Jurisdiction
Fee Program Share of Corridor Cost
Adjusted AOB Trip Ends
Fee Program Share by Land Use Category
Area of Benefit Fees
PAGE
6
7
10
13
16
17
18
18
DT20-4
MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM
FOR
SAN JOAQUIN HILLS AND FOOTHILL/EASTERN
TRANSPORTATION CORRIDORS
Executive Summar~
It can no longer be expected that facilities such as the San Joaquin Hills
Transportation Corridor (SJHTC) and Foothill/Eastern Transportation Corridors
(F/ETC) can be fully funded from the traditional revenue sources used to
construct southern California's existing freeway network. Supplemental
funding sources must therefore be developed if these important components of
Orange County's transportation system are to be developed to provide relief to
existing congested facilities and support orderly development within cities
and unincorporated areas. Development fees represent a potential supplemental
funding source and as such have been under consideration by the Board of
Supervisor.s for some time.
The development fee program prepared for Board of Supervisors consideration is
based upon Government Code Sections 50029, 66484.3 and California Constitution
Article !1, Section 7. The concept is furthermore based on the general
principle that future development within prescribed benefit areas will benefit
from the construction of the transportation facilities and should pay for them
in proportion to projected corridor traffic demand attributable to the
development. Future development within the benefit areas is expected to
account for 48% of the cost of the SJHTC and F/ETC. The remaining cost of the
corridors, representing benefits derived by existing development within the
benefit areas and corridor users outside the benefit areas, is proposed to be
funded through traditional transportation funding sources such as existing
federal and state programs. No assessment of existing developed property is
proposed.
Corridor usage projections for several hundred traffic analysis zones within
the County were developed as a tool to assist in defining the proposed benefit
areas. Traffic analysis zones with 4% or more of their total trip making
utilizing the corridor formed a fairly dense pattern. Identifiable physical
features closely approximating the pattern were used to describe the bound-
aries of the benefit areas. Two fee zones within each area of benefit were
established based upon direct use of the corridors. Traffic analysis zones
with 8% or more of their total trip making utilizing the corridor were defined
in the higher fee zone (A). The remainder of the zones were defined in the
lower fee zone (B).
Assessment of fees on a traffic related basis was determined to be equitable.
Trip ends were selected as the least common denominator and fees were
established by dividing the proportion of corridor cost attributable to each
fee zone by the total number of projected daily trip ends within each fee
zone. Adjustments were made to trip ends between neighborhood commercial and
residential land uses to reflect the relative benefit of neighborhood
commercial development to residences. Land uses were combined into three
general land use categories (2 residential and 1 non-residential) for the
purposes of applying fees to development projects.
-1-
Fees for each of the fee zones within the areas of benefit are:
SJHTC Single Family Multi-Unit
Residential Residential
Non-Residential
Zone A $1,305/unit $760/unit $1.75/sf.
Zone B $1,010/unit $590/unit $1.30/sf.
F/ETC
Zone A $1,295/unit $755/unit $1.80/sf.
Zone 3 $ 920/unit $535/unit $1.05/sf.
Developers who are required to construct portions of the transportation
corridors will receive credit for that work toward the payment of their fees.
The amount of credit will not be adjusted with subsequent revisions to the fee
program once it is memorialized by agreement. This credit may be transferred
to another landowner within the same area of benefit only with the change in
title to the land.
Payment of fees for residential multi-unit rental projects may be deferred for
a period of 5 years from issuance of a building permit. The developer must
enter into an agreement to pay the fee in effect at the time payment is due
and provide a security in the amount of the fee plus 15%.
Properties which are exempt from payment of property taxes will generally be
exempt from payment of corridor fees. Governmental owned and constructed
facilities and utilities will be exempt unless the facility is used for
commercial or revenue generating purposes.
Portions of twelve cities are included within the benefit areas for the SJHTC
and F/ETC. The County may adopt a fee program only within the unincorporated
areas. Participation by cities, therefore, is an important ingredient to a
successful program that does not create inequities to property owners within
differing jurisdictions. City and County cooperation is not only required in
the adoption of a program and collection of fees, but should extend to
decisions regarding expenditure of the funds. It is planned that Joint Powers
Agencies consisting of City and County members will be created to plan and
implement the Corridors. Ail fees collected under this program will be
deposited in accounts specifically for the transportation corridors to
accomplish this purpose.
-2-
.MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM
FOR
SAN JOAQUIN HILLS AND FOOTHILL/EASTERN
TRANSPORTATION CORRIDORS
I. BACKGROUND
Government Code Sections 50029 and 66484.3 and California Constitution
Article ll, Section 7 permits the establishment of local ordinances to
require payment of fees as a condition of approval of a final map or as a
condition of issuing a building permit for purposes of defraying the
actual or estimated cost of constructing bridges over waterways, railways,
freeways and canyons, or constructing major thoroughfares.
Pursuant to the above provisions of the Government Code, and the Police
Powers the Board of Supervisors adopted Section 7-9-316 of the Orange
County Codified Ordinances providing for the establishment of major
thoroughfare and bridge construction fees to be paid by subdividers and
building permit applicants in the County of Orange.
On April 21, 1982, the Board of Supervisors, by Resolution 92-598,
directed the Environmental Management Agency (EMA) to begin analyzing
potential areas of benefit as an adjunct to the Orange County/Orange
County Transportation Commission - Transportation Finance Study and to
proceed with the establishment of a fee program. The Board, furthermore,
determined that developers of subdivisions which contain portions of any
transportation corridor, would dedicate right-of-way, grade and construct
necessary portions of the corridor and participate in any established
corridor fee program.
On February 15, 1983 the Board of Supervisors, by Resolution 83-239, iden-
tified interim areas of impact for the San Joaquin Hills and
Foothill/Eastern Transportation Corridors and directed EMA to require
subdividers to enter into contracts to participate in corridor implement-
ation pending establishment of a fee program.
On September 28, 1983, ~ submitted a report on the Transportation
Corridor Fee Programs to the Board of Supervisors for referral to the
Planning Co~nission for recommendations. Public meetings were subse-
quently held by the Planning Commission on October 11 and November 1, 1983
to consider the Major Thoroughfare and Bridge Fee Programs.
On January 30, 1984 the Planning Co~nission adopted Resolution No. 45-83
recommending that the Board of Supervisors adopt Major Thoroughfare and
Bridge Fee Programs for the San Joaquin Hills Transportation Corridor and
the Foothill/Eastern Transportation Corridor.
On October 3, 1984 the Board of Supervisors, by Resolution 84-1462,
adopted areas of Benefit and Major Thoroughfare and Bridge fees within
unincorporated Orange County for the San Joaquin Hills and
Foothill/Eastern Transportation Corridors. Subsequent cooperative
analysis of the fee program by Orange County, Orange County Transportation
-3-
II.
Commission, Building Industry Association, and cities within the areas of
benefit have lead to the revisions contained within this report.
DESCRIPTION OF COR_~IDOR
A TRANSPORTATION CORRIDOR is a high-speed, high volume, access-controlled
multimodal facility with a median of sufficient width to be utilized for
transit considerations such as fixed rail or high-occupancy vehicles. The
corridors will provide for high speed movement of vehicular traffic where
projected volumes exceed major arterial highway capacities. These routes
will function similarly to freeways and expressways and should eventually
be incorporated into the freeway and expressway system. They are,
therefore, designed to meet minimum State and Federal standards.
The relatively rapid growth and planned future development in Orange
County is contributing directly to the need for major transportation
corridors. Three such corridors (Foothill, Eastern and San Joaquin Hills)
are included on the Master Plan of Arterial Highways (MPAH), a component
of the Transportation Element of the Orange County General Plan.
Transportation corridors are depicted on the MP~{ map as either .concept-
ually proposed or established alignments. These facilities are .Dart of a
planned traffic circulation system necessary to support development of the
County in accordance with County and City land use plans. These
facilities will also relieve recurrent congestion on major arterials and
freeways in Orange County as concluded by several recent studies: Multi-
Modal Transportation Study (1980), Santa Ana Transportation Corridor Study
(1981), Foothill Transportation Corridor Study (1981), and the San Joa~ain
Hills Transportation Corridor Study (1979).
The SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR is planned as a high-speed,
high capacity, access-controlled transportation facility to serve local
and regional traffic and transit needs. It is an established alignment on
the MPAH which includes the Corona del Mar Freeway (Route 73) in the
Cities of Costa Mesa, Newport Beach and Irvine and extends southeasterly
approximately 15 miles to join the San Diego Freeway (I-5) between Avery
Parkway and Junipero Serra Road near the City of San Juan Capistrano (see
Exhibit I). It will be designed to comport to scenic highway standards
and provide approximately six to ten general purpose travel lanes with a
median of sufficient width to accommodate future high-occupancy vehicle
(HOV) lanes and special transit facilities if required. The central
segment of the corridor carries the greatest amount of traffic because
there are a limited number of other parallel highway facilities. Traffic
volumes on the south end of the corridor are lowest along the route as a
result of countywide traffic orientation, which is generally to the north.
Access to the corridor will be limited to approximately 12 grade-separated
interchanges with arterial highways plus provisions for future additional
exclusive interchange ramps for HOV lanes. Additional bridges may be
required as the corridors cross substantial canyons and water courses.
The EASTERN TRANSPORTATION CORRIDOR is currently shown as a conceptual
alignment on the MPAH. The FOO£HILL TRANSPORTATION CORRIDOR is an
-4-
established alignment between the Eastern Corridor and a poSnt northerly
of Ortega Highway and a conceptual alignment between that point and San
Diego Freeway (I-5). As depicted on Exhibit I, the Eastern Transportation
Corridor will intersect the Riverside ~reeway (Route 91) between Weir
Canyon Road and Gypsum Canyon Road extending southeasterly approx. 13
miles to a point southerly of the Santa Aha Freeway (I-5) in the Cities of
Tustin and Irvine. The Foothill Transportation Corridor will originate
from the Eastern Corridor between Santiago Canyon Road and Irvine
Boulevard and extend southeasterly approx. 32 miles to the San Diego
Freeway (I-5) below San Clemente in San Diego County. It is anticipated
the Eastern corridor will be a landscaped, grade separated scenic corridor
which includes approximately six general purpose travel lanes and the
Foothill Corridor, a landscaped corridor which includes four to six
general purpose travel lanes with medians or other areas wide enough to
accom~odate HOV/Special Transit requirements if necessary. Access to the
corridor will be limited to grade-separated interchanges with arterial
highways plus provisions for future exclusive interchange ramps for HOV
lanes.
III. CORRIDOR PLANNING
The level of facility planned in this report will support currently
adopted land use plans of the County and Cities surrounding the corridors.
In the event the cities and County subsequently augment their existing
General Plan land uses, particularly in areas serving the Foothill and
Eastern Corridors, those facilities may require increased lanes to
accommodate that growth. It is intended that the fee adopted under this
program will be reevaluated if an additional level facility is identified
to serve increased adopted land uses. The majority of the length of
corridor alignments fall within relatively undeveloped areas of the
County. Exceptions to this are either end of the San Joaquin Hills
Transportation Corridor and the central segments of the Foothill/Eastern
Transportation Corridors. Each corridor traverses areas of hilly terrain.
A majority of the areas traversed by the corridors is zoned Planned
Co,unity with tentative tracts proceeding in various stages of approval.
An alignment was selected by the Board of Supervisors for the San Joaquin
Hills Transportation Corridor on November 28, 1979 and the northwesterly
segment of the Foothill Corridor on May 25, 1983. More detailed
engineering work is currently underway on the San Joaquin Hills
Transportation Corridor to refine the selected alignment and determine
right-of-way requirements. Similar detailed engineering is also in
progress for the northwesterly segment of the Foothill Transportation
Corridor through developer studies of surrounding lands. Alignment
selection studies are well underway on the Eastern Corridor and just
getting started for the southerly end of the Foothill Corridor between
about Oso Parkway and I-5.
It is proposed that all corridors will eventually be added to the State
Highway System. State legislation (AB 86) has been signed into law which
redescribes State Route 73 (Corona Del Mar Freeway) to include the San
Joaquln Hills Transportation Corridor.
-5-
IV. ESTIMATED COSTS
The construction costs within this report include estimates for all
corridor grading and general travel lane improvements including bridges,
structural section, interchanges, partial landscaping, and arterial
highway realignments dictated by the corridor alignments. The cost of
grading general High-Occupancy Vehicle (HOV) lanes is included but not the
cost of HOV structural section, bridges, median barriers or special access
ramps. It is intended that implementation of any transit guideway or ~OV
facilities, if needed, would be provided from other funding sources.
Other costs included for both Corridors includes engineering design,
administration, construction inspection and right-of-way acquisition
costs.
It is proposed that developers will dedicate the majority of right-of-way
for the transportation corridors. The cost estimate includes a cost for
the portion of the right-of-way which would exceed a standard major
arterial highway constructed along the corridor alignment excluding slope
easements. The portion of right-of-way equivalent to a major arterial
highway is excluded from the estimate to maintain a policy consistent with
other arterial highway dedications. The cost of slope easements is
excluded because of the wide variations between the natural terrain condi-
tions and final development of adjacent lands, the inability to estimate
the easement areas with certainty, and for consistency with existing
arterial development policy. Right-of-way required to realign any inter-
secting arterial highway was also excluded from the cost estimate on the
assumption that it will be dedicated ih accordance with established
development policy. The right-of-way to be included as part of the
corridor cost was assumed to have a value of $50,000/acre.
A. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR (SJHTC)
The cost of constructing the SJHTC to the standard of improvement as
described in the previous section is based on estimates prepared for
the County during the Phase II SJHTC study work and is estimated to
be:
TABLE IV-1
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR COST
Construction:
Engineering & Admin.:
Contingencies:
Right Of Way (in excess
of ~lajor Arterial Hwy.):
$259,736,000
38,960,000
25,974,000
16,990,000
Total (for purposes
of Fee Program):
$341,660,000
-6-
B. FOOTHILL/EASTERN TRANSPORTATION CORRIDORS (F/ETC)
The cost for constructing the Foothill/Eastern Transportation
Corridors was estimated from information obtained from the Weir Canyon
Park Road study dated October, 1982, the Foothill Transportation
Corridor Route Location study dated December, 1982, and projection of
costs from the San Joaquin hills Transportation Corridor. Unit prices
used in the cost estimates are considered to adequately estimate the
cost in 1984 dollars. The estimated costs are as follows:
TABLE IV-2
FOOTHILL/EASTERN TRANSPORTATION CORRIDORS COST
Foothill Eastern Total
Construction:
Eng. & Admin.:
Contingencies:
Right Of Way
(in excess of
Major Art. Hwy.):
$233,557,000
35,033,000
35,033,000
14,151,000
$143,526,000
21,528,500
21,528,500
11,790,000
Total (for purposes
of Fee Program): $317,774,000
$198,373,000
$377,083,000
56,561~500
56,561,500
25,941,000
$516,147,000
V. OVERALL FINANCING
The Board' of Supervisors has established a transportation corridor
development policy (Exhibit II) which defines the corridor implementation
obligations of land development projects, and as noted in Section I of
this report has indicated its general intent to require all new
development to bear a portion of the cost of the corridors by payment of
development fees (Major Thoroughfare Fee). Funds from other more
traditional sources (e.g., existing state and federal taxes on motor
vehicle fuel) will be sought for the portion of the cost not funded by
development fees. These other funds would be allocated through processes
involving the California Transportation Commission and the Orange County
Transportation Commission (OCTC).
In order to qualify for state and federal funding, the corridor routes
must be incorporated into the state highway system and placed in one of
the federal aid systems. State Route 73 (Corona Del Mar Freeway) has been
legislatively redescribed to correspond with the route of San Joaquin
Hills Transportation Corridor. it is intended that at an appropriate time
similar legislation will ultimately be introduced to place the
Foothill/Eastern Corridors in the state highway system.
This Major Thoroughfare & Bridge Fee report focuses only on the portion of
the corridor implementation costs which may be attributable to new growth
and for which development fees are proposed.
-7-
The statutes identified in Section I of this report which authorize the
collection of development fees specify that an Area of Benefit (AOB) shall
be established which encompasses real property, which will benefit from
construction of the major thoroughfares and bridges. The method of
determining the AOB and the share of total corridor costs proposed to be
paid by new development in the form of fees is explained in Sections VI
and VIII of this report.
The estimated corridor costs and the portions proposed to be allocated to
new development through the Major Thoroughfare and Bridge (MT&B) fee
program are:
New Development
Approximate
Total Cost Share of Cost %
San Joaquin Hills:
$341,660,000 $165,500,104 48.4%
Foothill/Eastern:
$516,147,000 $250,228,066 48.5%
In accordance with current Board of Supervisors' policy, new developments
within the path of the transportation corridors will be conditioned to
dedicate right-of-way and grade the corridor within the boundaries of the
development, construct arterial overcrossings for internal arterial
highways and construct corridor travel lanes and interchange ramps
required immediately for access to the development or for closure of short
gaps in the transportation system. The estimated cost of these
improvements including-the estimated value of R~ dedication in excess of
that required for a standard major arterial highway (excluding slope
easements) will be considered as a credit against the required MT&B fees
to the extent that these costs are included in the fee program.
VI. AREA OF BENEFIT
In order to establish an MT&B fee program, an Area of Benefit (AOB) must
be identified within which fees may be required upon issuance of building
permits or recordation of final .maps to defray the cost of the major
thoroughfares and bridges.
Construction of the transportation corridors will provide key facilities
to ensure that the County's transportation system is in balance with both
existing and future land uses. The benefits, therefore, accrue not only
to those properties which generate a high demand for use of the corridor
but those which will benefit from less congestion and delay on the
arterial highway and freeway system serving the property. Implementation
of a balanced transportation system, including the corridors, will,
furthermore, benefit undeveloped properties by allowing approval of land
use to the level in County and City General Plans.
It is clear that both existing developed properties and undeveloped
properties will benefit from construction of the transportation corridors.
Development fees are proposed to finance a portion of the corridors
proportional to the traffic demands, measured in trip ends, created by new
-8-
growth. The portion of cost based upon existing trip ends represents the
benefit to developed properties. Revenue for the cost allocated to
existing development will be provided from public funding sources
identified in Section V, "Overall Financing," of this report and,
therefore, will not be assessed to individual properties.
The methodology used to determine the AOB consisted of determining the
influence the corridor had on trips made within the County. The analysis
was conducted with a system of computer programs known as UTPS1 (Urban
Transportation Planning Systems). The computer programs were tailored for
specific Orange County application and are commonly known as the SOCCS2
travel demand m~del.
The model subdivides Orange County and portions of adjacent Los Angeles
County into more than 500 traffic analysis zones (TAZ). The model esti-
mates the number of person trips each TAZ generates based on socioeconomic
variables such as population, employment, income and number of housing
units. These trips are then distributed from each zone to all other zones
by a well-established procedure. The model then determines how many of
these person trips will travel by auto, and finally assigns these auto
trips onto a highway network. The socioeconomic data used in the AOB
analysis is from the San Joaquin Hills Transportation Corridor Study and
the Foothill Transportation Corridor Study.
Using the trip-making data described above, a select link analysis
(program UROAD3) was performed to determine the number of corridor related
trip ends which originate in, or are destined for, each traffic analysis
zone (TAZ). These corridor TAZ trip ends were used in conjunction with
the total TAZ trip ends (arterial highways plus corridor) to compute the
percentage of trip ends by TAZ which use the corridor. The resulting
percentages were posted on TAZ maps in 2% increments (Exhibits III and
~V).
The influence area for each of the corridors is quite pronounced at the 4%
and greater trip use level as shown on the exhibits. The pattern of
corridor usage becomes erratic below the 4% level.
The determination of the AOB for each of the transportation corridors was
based primarily on the above corridor influence areas. However, the
following additional criteria were used to supplement the percent of
corridor use data to analyze relative benefits:
1UTPS is a battery of sophisticated computer programs developed and sponsored
by the Federal Urban Mass Transportation Agency (UMTA) for forecasting travel
demand.
2South Orange County Circulation Study (SOCCS) travel demand forecasting model
developed by EMA/Transportation Planning Division.
3UROAD is one of the computer programs in UTPS.
flexible highway assignment and analysis program.
It is a comprehensive
-9-
1. Corridor trip ends exceed 1.75 trip ends ~er gross acre of the TAZ.
2. Total corridor trip ends per TAZ exceed 2,000.
3. Trip end growth within each TAZ exceeds 45%.
4. Perceived dirgct and indirect benefits to the transportation system.
Identifiable physical and planned features closely approximating the
pattern of corridor usage were used to describe the boundaries of the
benefit areas.
Within each area of benefit, some lands were judged to receive more
benefit than others from the construction of the corridors. Developments
which create relatively high demands for use of the corridors were placed
in a different fee zone within the area of benefit than other developments
with less direct use. The boundaries between the fee zones were
determined utilizing the TAZ data on Exhibits III and IV. Traffic
analysis zones where the percentage of corridor trip ends equals or
exceeds 8% were defined as Zone A. Traffic analysis zones with less than
8% use were defined as Zone B. Zone A and B are depicted on Exhibit I.
VII. ~ESCRfPTION OF AREA OF BENEFI'£ (AOB)
The AOB's for the San Joaquin Hills and the combined Foothill/Eastern
Corridors include both incorporated and unincorporated territory and
generally encompass the southeasterly half of Orange County as illustrated
on Exhibit I.
A. SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR
A more detailed map of the San Joaquin Hills Transportation Corridor
AOB is shown on Exhibit V. This AOB contains approximately
122 square miles. All or portions of the following cities are within
this AOB:
TABLE VII-1
SAN JOAQUIN HILLS AOB BY LOCAL JURISDICTION
City.
Costa Mesa
Irvine
Laguna Beach
Newport Beach
gan Clemente
San Juan Capistrano
Santa Ana
City Subtotal
Unincorporated Territory
Total
Area Included in AOB
3.2 sq. miles
22.2
5.6
8.3
3.8
8.2
2.8
54.1
68.3
122.4 sq. miles
-10-
The AOB is bounded by the Pacific Ocean: beginning at the easterly
boundary of the City of Newport Beach at the Pacific Ocean; thence
along said external boundary defined by annexation nos. 843, 64, 897,
84, and 585 to its intersection with an extension of Fifth Avenue;
thence northwesterly along said extension to Fifth Avenue; thence
northwesterly along the centerline of said Fifth Avenue to Coast
Highway; thence northwesterly along the centerline of said Coast
Highway to the crossing of the Upper Newport Bay; thence along a line
northerly through said Upper Newport Bay to the point where the Santa
Aha-Delhi Channel (Facility F01) enters said Upper Newport Bay; thence
along the centerline of Santa Ana-Delhi Channel from Upper Newport Bay
to University Drive; thence westerly along the centerline of said
University Drive to Santa Ana Avenue; thence northerly along the
centerline of said Santa Ana Avenue to Corona Del Mar Freeway (State
Route 73); thence northwesterly along the centerline of said Corona
Del Mar Freeway to the San Diego Freeway (Interstate Route 405);
thence westerly along the centerline of said San Diego Freeway to
Harbor Blvd.; thence northerly along the centerline of said Harbor
Blvd. to MacArthur Blvd.; thence easterly along the centerline of said
MacArthur Blvd. to Main Street; thence northerly along the centerline
of said-~ain Street to Dyer Road; thence easterly along the centerline
of said Dyer Road to Grand Avenue; thence northerly along the
centerline of said Grand Avenue to Edinger Avenue; thence easterly
along the centerline of said Edinger Avenue to the Newport-Costa Mesa
Freeway (State Route 55); thence southwesterly along the centerline of
said Newport-Costa Mesa Freeway to Warner Avenue; thence southeasterly
along the centerline of said Warner Avenue to Red Hill Avenue; thence
southwesterly along the centerline of said Red Hill Avenue to Alton
Avenue; the~nce northwesterly along the centerline of said Alton Avenue
to the Newport-Costa Mesa Freeway; thence southwesterly along the
centerline of said Newport-Costa Mesa Freeway to the San Diego Freeway
(Interstate 405); thence southeasterly along the centerline of said
Interstate 405 to Interstate 5; thence southerly along the centerline
of said Interstate 5 to its intersection with the prolongation of the
southerly boundary of Rancho Mission Viejo (approximately at Via
Escolar); thence southeasterly along the Rancho Mission Viejo boundary
line as described by Record of Survey 9/15-18 to the easterly corner
of Tract No. 6381; thence westerly along the southerly line of said
Tract No. 6381 to the easterly boundary at Parcel Map No. 80-851;
thence southerly along said easterly boundary of Parcel Map No. 80-851
to Rancho Viejo Road; thence southerly along the centerline of said
Rancho Vie jo Road to Ortega Highway; thence easterly along the
centerline of said Ortega Highway to La Novia Avenue; thence southerly
along the centerline of said La Novia Avenue and its proposed
extension to Tentative Tract No. 11648; thence southerly along the
easterly boundary of said Tentative Tract No. 11648 to the boundary of
Tentative Tract No. 11832; thence southerly along the easterly
boundary of said Tentative Tract No. 11832 to the northerly boundary
of Tract No. 8087; thence easterly and southerly along the boundary
of said Tract No. 8087 to the boundary of Tract No. 9784; thence
easterly along the northerly boundary of said Tract No. 9784 and the
prolongation of said boundary to the boundary of the City of San Juan
-ll-
Capistrano; thence southeasterly along said city external boundary
defined by Incorporation boundaries of April 19, 1961 and annexation
nos. 105 and 24 and deannexation per City resolution 62-11-13-2 to
Interstate 5; thence southerly along the centerline of said
Interstate 5 to its intersection with the Orange/San Diego County
line; and thence southerly along said County line to the Pacific
Ocean.
Zone A
Zone A is bounded on the south by the Pacific Ocean and is described
as follows: Beginning at the intersection of the total area of
benefit westerly boundary with the Pacific Ocean; thence along said
total area of benefit boundary to Marguerite Avenue; thence northerly
along the centerline of said Marguerite Avenue to San Joaquin Hills
Road; thence easterly along the center line of said San Joaquin Hills
Road to Spyglass Hill Road; thence northerly along the centerline of
said Spyglass Hill Road to San Miguel Drive; thence northerly along
the centerline of said San Miguel Drive to Ford Road; thence
northeasterly along the centerline of said Ford Road and its proposed
northeasterly extension as shown on the Orange County Master Plan of
Arterial Highways dated August 8, 1984, to Bonita Canyon Road; thence
easterly along the center line of said Bonita Canyon Road to the
proposed southerly extension of Sand Canyon Avenue as shown on said
Master Plan of Arterial Highways; thence easterly along the centerline
of the proposed extension of Sand Canyon Avenue to the westerly
extension of Bake Parkway as shown on said Master Plan of Arterial
Highways; thence easterly along the centerline of the proposed
extension of said Bake Parkway to Laguna Canyon Road; thence southerly
along the centerline of said Laguna Canyon Road to the proposed
westerly extension of Santa Maria Avenue as shown on said Master Plan
of Arterial Highways; thence easterly along the centerline of the
proposed extension of Santa Maria Avenue and Santa Maria Avenue to
Moulton Parkway: thence southerly along the centerline of said Moulton
Parkway to E1 Toro Road, thence northeasterly along the centerline of
said E1 Toro Road to Paseo de Valencia; thence southeasterly along the
centerline of said Paseo de Valencia and its easterly prolongation to
intersect Interstate 5 which is also the easterly boundary of the
total area of benefit; thence southerly along said easterly boundary
of the total area of benefit boundary to where it again intersects
Interstate 5 in the vicinity of Camino Las Ramblas; thence northerly
along the centerline of said Interstate 5 to San Juan Creek Road;
thence westerly along the centerline of said San Juan Creek Road to
Camino Capistrano; thence northerly along the centerline of said
Camino Capistrano to Del Obispo Street; thence westerly along the
centerline of said Del Obispo Street to Alipaz Street; thence
southerly along the centerline of said Alipaz Street to Camino Del
Avion; thence westerly along the centerline of said Camino Del Avion
and its proposed westerly prolongation as shown on said Master Plan of
Arterial Highways, to Crown Valley Parkway; thence southerly along the
centerline of said Crown Valley Parkway to Monarch Bay Drive; thence
southwesterly along Monarch Bay Drive and its southwesterly
prolongation to the Pacific Ocean.
-12-
Zone B
Zone B is described by the total San Joaquin Hills area of benefit
excluding Zone A as described above.
B. FOOTHILL/EASTERN TRANSPORTATION CORRIDORS
A single area of benefit was selected for the combined Foothill and
Eastern Transportation Corridors because of corridor usage patterns.
A more detailed map of the Foothill/Eastern Corridors AOB is shown on
Exhibit VI. This AOB contains approximately 291 square miles. All or
portions of the following cities are included in this AOB:
TABLE VII-2
FOOTHILL/EASTERN AOB BY LOCAL JURISDICTION
city
Anaheim
Irvine
Orange
San Clemente
San Juan Capistrano
Santa Ana
Tustin
Villa Park
Yorba Linda
City Subtotal
Unincorporated Territory
Area Included in AOB
14.1 sq. miles
18.9
10.6
13.5
5.0
2.8
11.1
2.1
17.7
95.8
194.7
Total 290.5 sq. miles
The AOB is bounded generally by the northerly boundary of the San
Joaquin Hills Transportation Corridor AOB from the San Diego County
Line to the intersection of the San Diego Freeway (State Route-405)
and the Newport-Costa Mesa Freeway (State Route 55); thence
northeasterly along the centerline of State Route 55 to Alton Avenue;
thence southeasterly along centerline of said Alton Avenue to Red Hill
Avenue; thence northeasterly along the centerline of said Red Hill
Avenue to Warner Avenue; thence northwesterly along the centerline of
said Warner Avenue to State Route 55; thence northeasterly along the
centerline of said State Route 55 to Edinger Avenue; thence westerly
along the centerline of said Edinger Avenue to Grand Avenue; thence
northerly along the centerline of said Grand Avenue to Seventeenth
Street; 'thence easterly along the centerline of said Seventeenth
Street to State Route 55; thence northerly along the centerline of
said State Route 55 to the Riverside Freeway (State Route 91); thence
northwesterly along the centerline of said State Route 91 to Tustin
Avenue; thence northerly along the centerline of said Tustin Avenue to
Jefferson Street; thence northerly along said Jefferson Street to the
southerly city limits ~f Placentia; thence along the external boundary
of said city limits defined by annexation nos. 69-1, 76-1, 71-01,
-13-
65-4, 63-3, 64-1, 65-7, 63-4, 63-2, 64-4, and 72-2 to its intersection
with Imperial Highway; thence southeasterly along the centerline of
said Imperial Highway to Valley View Avenue; thence northerly along
the centerline of said Valley View Avenue and its prolongation to the
southerly boundary of Chino Hills State Park; thence easterly along
the southerly boundary of Chino Hills State Park to its intersection
with the Orange/San Bernardino County line; thence southeasterly along
the Orange County line to the boundary of the San Joaquin Hills
Transportation Corridor Area of Benefit.
ZONE A
Zone A begins at the Orange/San Bernardino County line where said
County Line intersects the centerline of the proposed extension of La
Palma Avenue as shown on the Orange County Master Plan of Arterial
Highways dated August 8, 1984; thence westerly along the centerline of
said proposed La Palma Avenue to the proposed extension of Gypsum
Canyon Road a~ shown in said Master Plan of Arterial Highways; thence
southerly along the centerline of said proposed Gypsum Canyon Road to
the Riverside Freeway (State Route 91); thence westerly along the
centerline of said State Route 91 to the northwesterly prolongation of
the easterly boundary of the Wallace Ranch as shown in Orange County
Record of Survey 2-5; thence southeasterly along said prolongation of
the easterly boundary of the Wallace Ranch and continuing
southeasterly along said easterly boundary to the northeasterly corner
of the Oak Hills Ranch as shown in said Record of Survey 2-5; thence
southeasterly along the easterly boundary of said Oak Hills Ranch as
shown in said Record of Survey 2-5 and continuing southwesterly along
the southerly boundary of said Oak Hills Ranch as shown in said Record
of Survey 2-5 to the proposed southerly extension of Weir Canyon Road
as shown on said Master Plan of Arterial Highways; thence southerly
along said Weir Canyon Road to Irvine Boulevard; thence easterly along
the centerline of said Irvine Boulevard to Sand Canyon Avenue; thence
southerly along the centerline of said Sand Canyon Avenue to the
proposed realignment of Trabuco Road as shown on said Master Plan of
Arterial Highways; thence easterly along the centerline of said
proposed realignment of said Trabuco Road to the proposed northerly
extension of Muirlands Boulevard; thence along said Muirlands
Boulevard to the centerline of Alton Avenue; thence northerly along
the centerline of said Alton Avenue to Jeronimo Road; thence easterly
along the centerline of said Jeronimo Road to Bake Parkway; thence
northerly along the centerline of said Bake Parkway to Trabuco Road;
thence easterly along the centerline of said Trabuco Road to Alicia
Parkway; thence northerly along the centerline of said Alicia Parkway
to Portola Parkway; thence easterly along the centerline of said
Portola Parkway to the proposed Antonio Parkway as shown on said
Master Plan of Arterial Highways; thence southerly along the
centerline of said Antonio Parkway to Ortega Highway; thence
southwesterly along the centerline of said Ortega Highway to the
proposed easterly extension of Avery Parkway as shown on said Master
Plan of Arterial Highways; thence westerly along the centerline of
said proposed extension and Avery Parkway to the Santa Ana Freeway
-14-
VIII.
where it intersects the common boundary between the Foothill/Eastern
and the San Joaquin Hills AOBs; thence southeasterly along said common
AOB boundary to the Orange/San Diego County line; thence northerly
along the Orange County line to where it intersects the centerline of
the proposed La Palma Avenue as shown on said Master Plan of Arterial
~ighways.
ZONE B
Zone B is described by the total Foothill/Eastern area of benefit
excluding Zone A as described above.
FEES
In order to establish a corridor fee, it is necessary to determine who is
to pay the fee, the facility cost to be supported by fees and a basis or
unit of measure for the fees. As has been previously stated, it is
proposed that fees be paid by future development within the defined areas
of benefit in reasonable proportion to the benefit derived. The corridor
facilities will, of course, also benefit existing development within the
areas of benefit. The share of corridor cost attributable to benefits
derived by existing development is proposed to be funded from other
sources.
A. Determination of Fee Program's Share of Corridor Cost
The first step in calculating the fee program share of the corridor
cost was to determine the percentage of corridor user trip ends that
originate or end within the area of benefit which are attributable to
new growth. Trip information derived from the SOCCS travel demand
model was used for this analysis. This percentage was established as
the developers share and multiplied by the total corridor cost to
determine the fee program share of costs as shown in Table VIII-1.
The fee program share of corridor cost was then separated into amounts
representing direct and indirect benefits to the benefit zones (A & B
Zones) based upon peak hour and non-peak hour travel characteristics.
Approximately sixty-one percent1 (61%) of corridor trips are expected
to occur during non-peak travel hours, thus representing a measure of
the direct benefit from the corridors. Approximately thirty-nine
percent1 (39%) of corridor trips are expected to occur during peak
hours of travel, thus representing lessened congestion on the
remaining transportation system. This system relief is defined as
indirect benefit.
The direct and indirect factors were used to identify the relative
benefits between the A and B zones. The portion of fee program share
representing direct benefit was divided between the A and B zones
based upon the percentage of corridor user trips due to growth within
each zone. The portion of developers share representing indirect
benefit was distributed between the A and B zones based upon the
percentage of total trip ends on the transportation system within each
zone. The fees for the A and B Zones, therefore, include a measure of
both direct and indirect benefits received by each zone. Exhibits VII
and VIII show the method in which these calculations were made.
1Caltrans, LARTS 1976 Urban Rural Survey.
-15-
The fee program share of Corridor Cost shown below represents an
estimate of the share attributable to new development. It is expected
that this share may change as future revisions are made to the fees.
Total Corridor
Costs ($)
TABLE VIII-1
FEE PROGRAM SHARE OF CORRIDOR COST
Developers
Share (%)
Developers
Share ($)
SJHTC
Zone A 28.6% $ 97,856,775
Zone B 19.8% $ 67,643,330
Total $341,660,000 48.4% $165,500,104
F/ETC
Zone A 25.8% $133,096,091
Zone B 22.7% $117,131,975
Total $516,147,000 48.5% $250,228,066
Determination of Base Fee
The cost attributable to future development must be reduced to a fee
so that it may be apportioned in an equitable manner to specific types
of development. Allocation of the cost on the basis of trip end
generation by general land use category is proposed, where:
cost a~ortioned to future development in the AOB zone
cost/trip end trip end growth in the AOB zoae
SJHTC F/ETC
$97,856,775 $133,096,091
Zone A 1,321,160 = $74/TE 1,665,922 = $80/TE
$67~643~330 ~ $46/TE
1,462,093
$117,131,975 = $43/TE
2,730,731
Zone B
The data used in computing the average cost per trip end are
suwmarized in Exhibit IX and X. The trip end generation factors used
in the calculation were derived from the EMA Trip Generation Rates,
shown in Exhibit XI. The projected growth in dwelling units was taken
from the respective San Joaquin Hills and Foothill Transportation
Corridor studies. Projected growth in industrial/commercial floor
space was generated from MMTS II4 employment projections.
4Employment projects adopted by the Orange County Transportation Commission.
-16-
C. FEE DISTRIBUTION
Various land uses within the area of benefit have been grouped into
three major categories for the purposes of distributing fees to
individual developments. The three general categories used include
residential single-family dwelling units, residential multi-unit
dwellings, and non-residential land uses. The trip ends calculated
for the non-residential land use category were a summation of more
specific non-residential categories such as manufacturing, retail
regional, neighborhood/community commercial, and office uses. The
trip generation rates used to calculate the trip ends for each of
these more specific non-residential land uses were averages of rates
shown in Exhibit XI.
Prior to the summation of the trip ends from each of the more specific
non-residential land uses, an adjustment was made to the projected
trip ends for neighborhood/community commercial land uses. This
adjustment was an attempt to reflect the benefits to residential land
uses which accrue from construction of neighborhood/community
commercial development. Neighborhood/community commercial primarily
benefits local residents by providing an opportunity to shop close to
home. Many of the trip ends typically assigned to local retail uses
are accounted for by these short trips arriving from and returning to
residences. These residential-related trip ends actually provide
savings in travel costs due to the short nature of the trip. Addi-
tionally, neighborhood/community commercial development tends to
reduce energy consumption and traffic impacts.
Residential land uses receive sufficient benefit from construction of
neighborhood/community commercial development to distribute a portion
of the trip ends attributable to neighborhood/community commercial
development to residential land uses. For this reason, 60% of the
trip ends attributable to neighborhood/community commercial
development were reassigned to single family residential and multi-
unit residential land uses as a measure of this increased benefit.
The reassigned trip ends were split between single family and multi-
unit residential land uses based upon the'ir respective trip ends due
to growth. The adjusted trip ends are as follows:
TABLE VIII-2
ADJUSTED AOB TRIP ENDS
Land Use Category
Zone A Zone B
Generated Adjusted
Trip Ends Trip Ends
Generated Adjusted
Trip Ends Trip Ends
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR
Single Family Residential Units 379,452
Multi-Unit Residential Units 193,956
Neighborhood/Community Commercial 448,800
557,635 139,368 254,936
285,053 240,723 440,312
179,520 525,262 210,105
FOOTHILL/EASTERN TRANSPORTATION CORRIDORS
Single Family Residential Units
Multi-Unit Residential Units
Neighborhood/Community Commercial
666,024
160,377
479,662
897,960 643,812 1,143,880
216,238 248,906 442,221
191,865 1,155,638 462,255
-17-
Once this adjustment was made, the fee program share of the total
corridor cost for each of the three generalized land use categories
was determined. The single-family residential and multi-unit
residential share of the corridor cost was calculated first by
multiplying the adjusted trip ends shown above by the appropriate cost
per trip end as developed in Exhibits IX and X. The non-residential
share of the corridor cost was calculated by using the difference
between the total fee program share and the total residential share of
the corridor cost. The fee program share of corridor cost by
generalized categories is:
TABLE VIII-3
FEE PROGR~%~ SHARE BY LAND USE CATEGORY
Single Family Multi-Unit
Residential Residential Non-Residential
Total
Developer's Share
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR
Zone A $41,264,990 $21,093,922
Zone B $11,727,056 $20,254,352
$35,497,862
$35,661,922
$ 97,856,774
$ 67,643,330
FOOTHILL/EASTERN TRANSPORTATION CORRIDORS
Zone A $71,836,800 $17,299,040
Zone B $49,186,840 $19,015,503
$43,960,251
$48,929,632
$133,096,091
$117,131,975
Once the fee program share of corridor cost by the three generalized
land use categories was determined, a fee for each of these categories
was determined by dividing each share by the appropriate n~r~ber of
residential units or area of buildings shown in Exhibits IX and X.
Following is the final fee calculation for each of the three general
land use categories for both A and B fee zones.
TABLE VIII-4
AREA OF BENEFIT FEES
Fee Rounded
Land Use Calculation Fe.~ Fee
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR
Zone A
Single-family residential
Multi-unit residential
Non-residential
$41,264,990 ~ 31,621 units
$21,093,922 ~ 27,708 units
$35,497,862 ? 20,021,185 sf
$1,305/unit $1,305/unit
$761/unit $760/unit
$1.77/sf $1.75/sf
Zone B
Single-family residential
Multi-unit residential
Non-residential
$11,727,056 · 11,614 units
$20,254,352 · 34,389 units
$35,661,922 · 27,700,559 sf
$1,010/unit $1,010/unit
$589/unit $590/unit
$1.29/sf $1.30/sf
-18-
Rounded
Fee
Land Use
Fee
Calculation
FOOTHILL/EASTERN TRANSPORTATION CORRIDOR
Fee
Zone A
Single-family residential
Multi-unit residential
Non-residential
$71,836,800 * 55,502 units
$17,299,040 * 22,911 units
$43,960,251 v 24,231,767 sf
$1,294/unit
$755/unit
$1.81/sf
$1,295/unit
$755/unit
$1.80/sf
Zone B
Single-family residential
Multi-unit residential
Non-residential
$49,186,840 v 53,651 units $917/unit
$19,015,503 * 35,558 units $535/unit
$48,929,632 * 46,616,669 fees $1.05/sf
$920/unit
$535/unit
$1.05/sf
APPLICATION OF FEES
When development fees are collected at the time of building permit
issuance, the number of residential units or area of non-residential
buildings will be known. The fees for each development will simply be
calculated by multiplying the number of residential units or gross
floor area of non-residential buildings times the appropriate land use
category and the fee zone. Gross floor area shall be defined as total
floor area including each floor of multiple story buildings within the
outer footprint of the building as described on the building permit.
Adjustments will not be made to traffic generatioD rates to reflect
anomalies due to project design or other conditions. All land uses
will be determined to be within the most appropriate of the three
general land use categories.
In the event an existing non-residential building is proposed to be
expanded, the fee will be determined by the net increase of building
area. If a non-residential building is converted to another non-
residential use with no net increase in building area, no fees shall
be required. Parking structures shall also be exempt from payment of
fees since they do not generate a vehicular attraction in and of
themselves.
The following categories which receive exemptions from payment of
property taxes will also be generally exempt from paying
transportation corridor fees: 1) Church; 2) Religious; 3) College;
4) Welfare; 5) Wholly Exempt; 6) Other. The final determination of
whether a property is exempt will be based upon verification of a
property tax exemption for those specified categories on the latest
Assessor's roll as defined for Orange County by the State of
California.
Government-owned facilities or utilities shall be exempt from payment
of fees to the extent that the facilities will not be used for
generating revenue or commercial purposes. Examples of exempt public
uses are city halls, park buildings, and other public buildings.
Privately owned utilities will not be exempt from payment of corridor
fees.
-19-
Notwithstanding property tax exemptions, governmental-owned or
constructed facilities (including but not limited to counties, cities
and redevelopment agencies) which will generate revenue or be leased
for commercial purposes shall pay fees in accordance with the
established fee schedules.- Examples of this include the revenue
generating portions of airports, train stations, stadiums, sports
arenas, convention centers, bus terminals, hotels, or concessions on
public lands. In the event construction of these facilities is an
expansion of an existing use, the fee shall be determined based upon
the net increase of building area.
Ail disputes over application of fees to specific projects or disputes
over exemptions of projects from fee requirements shall be presented
to the Joint Powers Agency described in Section XIII of this report
for resolution.
Examples of fee calculations:
1. The fee for a development consisting of 100 single-family detached
units, 300 condo units and 25,000 s.f. of office and Neighborhood
Shopping Center uses would be:
San Joaquin Hills AOB (Zone A):
(100 D.U. x $1305/D.U.)
(300 D.U. x $760/D.U.)
(25,000 S.F. x $1.75/S.F.)
= $ 130,500
= $ 228,000
= $ 43,750
Total fee for development if located in
Zone A of SJHTC AOB
$ 402,250
$ 92,000
$ 160,500
$ 26,250
$ 278,750
Foothill/Eastern AOB (Zone B):
(100 D.U. x 920/D.U.)
(300 D.U. x $535/D.U.) =
(25,000 S.F. x $1.05/S.F.) =
Total fee for development if located in
Zone B of Foothill/Eastern AOB
2. Total fee for reconstruction of a 10,000 sf. office building to a
15,000 s.f. Neighborhood Shopping Center would be calculated as
follows:
San Joac~uin Hills A0B (Zone B):
(5,000 s.f. x $1.30/s.f.)
$ 6,500
Total fee for development if located in
Zone A of SJHTC AOB =
$ 6,500
-20-
Foothill/Eastern AOB (Zone A):
(5,000 s.f. x $1.80/s.f.) ~
Total fee for development if located in
Zone A of Foothill/Eastern AOB =
IX. DEFERRAL OF FEES
$ 9,000
$ 9,000
It is proposed that fees may be deferred for residential multi-unit rental
projects or projects which include State or Federal requirements to provide
units affordable to families with incomes less than 80% of the median income
(Section VIII housing). The deferral may be for a period of five years from
the issuance of building permits or the period of the State/Federal funding
requirements beginning upon issuance of the first building permit. The fees
to be paid shall be those in effect at the time of payment and shall be
secured by an agreement and renewable letter of credit held by an escrow
company, or cash or time certificate of deposit in the amount of fees plus
15 percent in anticipation of inflationary increases.
X. CRITERIA FOR COLLECTION OF FEES
XI.
The enabling ordinance provides for collection of fees as a condition of
final map approval or issuance of building permits. Fees shall be collected
prior to issuance of all building permits for new residential structures and
co~nercial/industrial structures which establish new and enlarged floor
space. Fees will not be required for remodeling or reconstructing existing
structures to the same number of residential dwelling units or equal
commercial building area. Fees will not be required for construction of
retaining walls, patio covers, swimming pools or other non inhabitable
residential structures.
DEVELOPMENT EXACTIONS & CREDITS
Development Projects containing portions of transportation corridors within
their boundaries shall be required by condition of approval of cities or
County to accomplish the following:
1. Dedicate right-of-way in accordance with schematic plans approved by the
Joint Powers Agency.
2. Grade corridor right-of-way in accordance with schematic plans approved
by the Joint Powers Agency and shown on the Tentative Tract Map and
rough grading plans.
3. Construct arterial overcrossings for internal arterials. Width of
overcrossing structure (i.e., number of travel lanes) is to be
determined based upon vehicular and pedestrian traffic generated by the
proposed project.
4. Construct corridor'travel lanes and interchange ramps required
immediately for access to proposed development or system continuity
(closure of short gaps). Number of lanes required is to be based upon
traffic generated by proposed project.
5. Participate, among other designated beneficiaries, in the San Joaquin
Hills or Foothill/Eastern Transportation Corridor fee program.
Subdivisions in which right-of-way, grading and improvements are required
for the transportation corridors will be eligible for credit toward
payment of the MT&B fees to the extent that the costs are included in
development of the fee program. Whenever subdivisions are conditioned to
grade or improve portions of transportation corridors or dedicate right-
of-way in excess of Major. Arterial Highway Standards, and these costs
exceed fees, the developer shall enter into an agreement prior to
recordation of final tract or parcel maps to identify the difference in
the dollar amount between the estimated costs of the grading,
improvements, and/or right-of-way, and the calculated fees. Such
agreements will establish the amount of reimbursement for which the
subdivision is entitled. A developer shall be entitled to reimbursement
for a period of fifteen (15) years after acceptance of improvements by the
appropriate legislative body. If the estimated costs of the grading,
improvements, and/or excess right of way are less than the calculated fee,
a developer may relinquish credits in lieu of paying fees until credits
are fully utilized with the remainder of the fee collected prior to
issuance of building permits.
In the event a development not requiring subdivision is conditioned to
construct or grade portions of the transportation corridors or dedicate
right-of-way, reimbursement agreements shall be executed prior to issuance
of any building permits within the project bour~aries.
Developers will be allowed to apply credits earned on one project to
another project within the same area of benefit owned by the same
developer. In the event title to the land of a project changes, credits
can be transferred to another developer with the title to the land upon
written notification to the appropriate legislative body that is a party
to the reimbursement agreement. Credits will otherwise be non
transferable from one developer to another. Credits can be used for the
purpose of reducing fees prior to completion and acceptance of grading,
improvements or right-of-way dedication. However, no reimbursements shall
be made until all grading, improvements or dedication are completed and
accepted by the Board of Supervisors or City Council and funds are
available for reimbursement as determined by the appropriate legislative
body.
The guidelines for determination of fee credits are as follows:
1. General
Credit for right-of-way dedication, grading, and other improvements
will only be given to the extent that the cost of such right-of-way or
improvements are included in the calculation of fees in the Major
Thoroughfare and Bridge Fee Program.
-22-
Right-of-Way
Credit will be given for right-of-way dedication at the rate of
$50,000 per acre except for slope easements and a 120-foot-wide strip
along centerline of the transportation corridor which would normally
be required for arterial highway dedication.
3. Grading
Credit will be given for earthwork, road and slope drainage,
buttressing, stabilization, hydroseeding and erosion control at the
following combined rates:
Corridor Segment
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR
Jamboree to Station 511+50
Station 511+50 to Moulton Parkway
Moulton Parkway to Paseo de Colinas
FOOTHILL/EASTERN TRANSPORTATION CORRIDOR
Credit Rate
$149,784 per acre road easement
$124,132 per acre road easement
$124,915 per acre road easement
Foothill/Eastern Corridor $137,060 per acre road easement
The term road easement as used above includes the entire area within
right-of-way (hinge point to hinge point) excluding slope and drainage
easements. The credit values furthermore include percentages or work
estimated for engineering, administration and contingencies for the
respective transportation corridors.
Drainage Structures
Credit will be given for drainage structures in accordance with
lengths of pipe and unit prices estimated as costs in the fee program
or for as-built structures which the Director, EMA or his designee
determine are reasonable equivalents of the structures in the fee
program cost estimate. Unit prices for as-built drainage structures
will be those used in the latest fee program cost estimate.
Engineering and administration credit of 15% of the drainage structure
credit will be added. Contingency credit of 10% of the drainage
structure credit will be added. Terrace drains, downdrains and
temporary drainage facilities or erosion control facilities are
included in the average unit cost of grading.
5. Other Improvements
Credit will be given for other improvements at the rate at which the
improvement was estimated in the fee program plus 15% for engineering
and administration plus 10% for contingencies.
The credit rates specified above will be revised whenever the corridor
cost estimates are revised for the purpose of adjusting fees. Once
-23-
fee credits are established by an executed reimbursement agreement, no
further adjustments will be made to those credits because of revisions to
the corridor cost estimates or fee adjustments.
XII. ANNUAL FEE ADJUSTMENT
It is intended that the fee programs be submitted annually to the Board of
Supervisors and City Councils for fees to be automatically adjusted based
upon an approved construction cost index. Updated project cost estimates,
substantial changes in general plan land use elements, or other pertinent
information may also be cause for adjustment by the Board of Supervisors
and City Councils.
In the event an annual evaluation of the fee programs causes fees to be
reduced for any reasons, reimbursements will not be considered for fees
already paid.
XIII. CITY PARTICIPATION IN FEE PROGRAM
There are twelve different cities within the proposed areas of benefit for
the Foothill/Eastern and San Joaquin Hills ~ransportation Corridors.
Joint Powers Agencies iJPA) consisting of City and County members are
proposed for the purposes of planning and implementing the San Joaquin
Hills, Foothill and Eastern Transportation Corridors. It is proposed that
separate JPA's be created for the San Joaquin Hills Corridor and the
combined Foothill/Eastern Corridors. Fees collected by Cities and the
County will be deposited with each JPA for the purposes of designing and
constructing the corridors. The JPA will be responsible for administering
fees collected under this fee program including any reimbursements called
for in reimbursement agreements identified in Section XI of this report.
KRM: ltDT20-4
7/19/85
-24-
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RG:dh
EXHIBIT I1
RESOLUTION OF .THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
April 21, 1982
On motion of Supervisor Wieder, duly seconded and carried, the
following Resolution was adopted:
WHEREAS, development of lands is occurring which contributes
directly to the need for transportation corridors; and
WHEREAS, said development may obstruct future right-of-way for
the transportation corridors; and
WHEREAS, development benefitting from implementation of the
transportation corridors should contribute toward the cost generally
in proportion to the need generated; and
WHEREAS, right-of-way for the transportation should be protected
as development occurs; and
WHEREAS, grading should be accomplished, whenever possible, in
conjunction with the grading and development of surrounding property;
and
WHEREAS, implementation of logical increments of the corridor
should occur in conjunction with the land development process whenever
the transportation needs of that development require those facilities
for access; and
WHEREAS, development policies for the implementation of the
transportation corridor will provide a basis for planning of future
development and serve as notice to the public as to the future
locations of the corridors;
Resolution No. B2-598
Transportation Corridors
Development Policy
-26-
~OW, TB~..~'~ORE, BE iT i~ESOLVED that as a condition of approval
of subdivisions containing within their boundaries portions, of
transportation corridors shown on the Transportation Element of the
County General Plan the developer shall:
1. Dedicate right-of-way to County.
2. Grade corridor right-of-way in accordance with schematic
plans approved on the tentative map and rough grading plans approved
by the Director, EMA.
3. Construct arterial overcrossings for internal arterials.
Width of overcrossing structure (i.e., number of travel lanes) is to
be determined based upon vehicular and pedestrian traffic generated
by the proposed project.
4. Construct corridor travel lanes and interchange ramps
required immediately for access to proposed development or system
continuity (closure of short gaps). Number of lanes required is to be
based upon traffic generated by proposed project.'
5. Participate, among other designated beneficiaries, in any
established corridor development fee program. Costs incurred pursuant
to. Conditions 2 through 4 shall be creditable against fees. Costs
incurred pursuant to Condition i shall be creditable against fees to
the extent that the development fee pro]ram includes said right-of-way
cost.
BE IT FURTHER RESOLVED that EMA is hereby directed to amend
appropriate sections of the Subdivision and Zoning Codes to implement
this policy.
BE IT FURTHER RESOLVED that EMA is hereby directed to incorporate
in General Plan amendment elements, zoning actions, area plans and
site plans recommendations appropriate for implementing this policy.
-27-
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6
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bE IT ~L,k~'HLk kESOLVED that E~ is hereby directed to begin
analyzing potential areas of benefit as an adjunct to the Orange County/
Orange County Transportation Commission Transportation Finance Study.
BE IT FURTHER RESOLVED that affected cities be requested to adopt
similar policies.
BE IT FURTHER P~ESOLVED that EMA is hereby directed to proceed
expeditiously with the establishment of a fee program.
AYES: .r-UPERV I SORS
EL~-~-RIETT M. WIEDER, RALPH B. CLARK, AND ROGER R.
STA-NTON
NOES: SUPE~V ISOP, S NO~-E
ABSENT: SUPERVISORS BRUCE N~ESTANDE AND THOMAS F. RILEY
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, JUNE ALEXANDER, Clerk of the Board of Supervisors of Orange County, California
hereh certify that the above and foregoing Resolution was duly ~n-d r~ljr.)y adopted by
the SYaid Board at a regular meeting thereof held on the 21st ..~d~y"6~- ~ipri.l/,;.. ,
19 82 , and passed by a unanimous vote of said ~emb~r~ ~-present'~..~j
· '3' -" ':
IN WITNESS WHEREOF, I have hereunto set my hand an~.~.~al this 21st ~.ay of
April , 19 82 : :
~ :I,.'JU.NE ALEXANDER .,.',:..' '
Cl~rk of'the~Board of SupeEvi~ors
of Orange ~Jou~.ty, Ca:,l:ifoFnia
-28- '.... "' 0 ;;: '~' . -" '
?
EXHIBIT VII
Page 1 of 2
FEE PROGRAM SFARE OF ~0TAL CORRIDOR COST
SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR
Corridor User Trips
With One or Both Ends In Zone
Trips beginning and ending in zone
(Trips due to growth)
(Total trips)
In/Out Trips
(Trips due to growth)
(Total trips)
Out/In Trips
(Trips due to growth)
(Total trips)
Zone A
27,109
29,047
60,145
78,820
57,362
73,274
Zone B
5,890
9,811
25,834
35,345
28,141
38,582
Outside
AOB
9,116
22,195
49,798
69,894
50,274
72,203
Trip End Analysis
(Trip ends due to growth) 171,725 65,755 118,304
(Total trip ends) 210,188 93,549 186,487
(Percent corridor TE due to growth)1 81.70% 70.29% 63.44%
(Percent corridor users TE by Zone)2 42.88% 19.08% 38.04%
(Percent corridor users TE due to growth)3 35.03% 13.41% 24.13%
1percent corridor TE due to growth = tri~ ends due to ~rowth
Total Trip Ends
2percent corrider users TE by zone = Total trip ends per zone
Summ~ation of total trip ends
3percent corridor users TE due to growth = Percent TE due to growth x
percent corridor users TE by zone
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EXHIBIT VIII
Page 1 of 2
FEE PROGRAM SHARE OF TOTAL CORRIDOR COST
FOOTHILL/EASTERN TRANSPORTATION CORRIDOR
Corridor user Trips With One or Both Ends In Zone
Trips beginning and ending in zone
(Trips due to growth)
(Total trips)
In/Out Trips
(Trips due to growth)
(Total trips)
Out/In Trips
(Trips due to growth)
(Total trips)
Zone A
27,922
28,200
68,629
80,763
75,449
89,823
Zone
9,322
11,657
31,320
46,004
33,648
45,760
Outside
AOB
20,555
37,307
64,217
88,512
55,069
79,696
Trip End Analysis
(Trip ends due to growth) 199,922 83,612 160,396
(Total trip ends) 226,986 115,078 242,822
(Percent corridor TE due to growth)1 88.08% 72.66% 66.05%
(Percent corridor users TE by Zone)2 38.81% 19.68% 41.52%
(Percent corridor users TE due to growth)3 34.18% 14.30% 27.42%
1percent corridor TE due to growth = tri~ ends due to ~rowth
Total Trip Ends
2percent corrider users TE by zone = Total tri~ ends ~er zone
Summation of total trip ends
3percent corridor users TE due to growth = Percent TE due to growth x
percent corridor users TE by zone
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EXHIBIT XI
Page 1 of 2
DAILY VEHICLE TRIP GENERATION RATES
ORANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY
August 1982
The following is a listing of vehicle trip generation rates used for planning
purposes by the Environmenta'l Management Agency. These rates have been compiled
from a variety of sources, including County conducted studies, and are deemed
representative of land uses within Orange County. "TE/Ksf" is an abbreviation
for trip ends per thousand square feet of gross building floor area. "TE/Acre"
refers to trip ends per developed acre.
Land Use TE/Ksf TE/Acre TE/Other
INDUSTRIAL
Light Industrial/Industrial Park
Warehouse
RESIDENTIAL
Single Family Detached
Single Family Detached-Estate
Multiple Unit (Apartments, Condos)
Mobile Home
Retirement Community
LODGING
Hotel
Motel
Resort Hotel (TRC Use)
RECREATIONAL
Neighborhood Park
Regional Park
State Park
Marina
Beach
Golf Course
Campground
Tennis Club
Raquetball Club
INSTITUTION
Elementary School
Junior High School
High School
Junior College
Church - Weekday
Church - Sunday
Library
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13 176
5 62
26
30O
47
60
8O
8O
19 60
44 135
42 310
12 TE/Du
15 TE/Du
7 TE/Du
5 TE/Du
4 TE/Du
10 TE/Room
9 TE/Room
18 TE/Room
4 TE/Berth
350 TE/1000' Shore
5 TE/Campsite
43 TE/Court
31 TE/Court
1.0 TE/Student
0.9 TE/Student
1.4 TE/Student
1.5 TE/Student
EXHIBIT XI
Page 2 of 2
Land Use TE/Ksf TE/Acre TE/Othe r
MEDICAL
Hospital 18 200 14 TE/Bed
Nursing Home 3 TE/Bed
OFFICE
General Office 15 240
Medical Office 75
Research Center 10 40
RETAIL
Discount Store 65
Hardware/Home Improvement 50
Shopping Center - Regional 50
( 30 Acres)
Shopping Center - Community 70
(10-30 Acres)
Shopping Center - Neighborhood 135
( 10 Acres)
Restaurant - Quality (i.e., Velvet Turtle, 110
Hungry Tiger, etc.)
Restaurant - High Turnover (.ie., Bob's, 350
Denny's, etc.)
Restaurant - Fast Food (i.e., MacDonald's, 900
Carl's Jr., etc.)
Automobile Sales
Service Station
Supermarket 125
Convenience Market (i.e., 7-11, 550
Stop & Go, etc.)
SERVICES
Bank - Walk In
Bank - Drive In
Savings and Loan - Walk In
Savings and Loan - Drive In
180
195
65
75
550
50O
900
1250
400
750 TE/Station
KRS:desDT20-22
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RESOLUTION NO. 85-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ADOPTING A NEGATIVE
DECLARATION FOR THE PROPOSED AREA OF BENEFIT
AND MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM
The City Council of the City of Tustin, California does hereby resolve as
follows:
I. The City Council finds and determines as follows:
A. That an initial study questionnaire was done for the proposed Area
of Benefit and Major Thoroughfare and Bridge Fee Program.
B. That the proposed Negative Declaration was published in a paper of
general circulation.
That the public was invited to comment on the appropriateness of
this Negative Declaration during the review period, which
encompasses between the dates of September 26 to October 3, 1985.
De
That the City Council finds on the basis of the initial study and
any comments received that there is no substantial evidence that the
project will have a significant effect on the environment.
II.
The City Council of the City of Tustin hereby adopts a Negative
Declaration for the proposed Area of Benefit and Major Thoroughfare and
Bridge Fee Program.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council held
on the day of , 1985.
Frank H. Greinke
Mayor
ATTEST:
Mary Wynn
City Clerk
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RESOLUTION NO. 85-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN ESTABLISHING THE AREA OF BENEFIT AND
THE MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM
FOR THE FOOTHILL/EASTERN TRANSPORTATION CORRIDORS
WHEREAS, buildout of the land use element of the General Plan of the
City of Tustin is dependent upon providing a balanced transportation system to
serve the planned level of development; and
WHEREAS, the City Council finds that implementation of the Foothill
and Eastern Transportation Corridors will result in a transportation system
which has the capacity to accommodate the additional traffic volume associated
with anticipated future development; and
WHEREAS, implementaton of the Foothill and Eastern Transportation
Corridors will help to relieve congestion on the existing transportation
system; and
WHEREAS, future state and federal revenue are projected to be
inadequate to construct and transportation corridors in a timely manner; and
WHEREAS, the City council finds that future development should pay a
share of the cost of implementing new transportation corridors to insure that
the transportation system will be adequate to serve said development and that
this share of the corridor costs should be proportional to the traffic
'generated by the development; and
WHEREAS, Ordinance No. 948 of the City of Tustin provides for
the establishment of major thoroughfare and bridge construction fees to be paid
by building permit applicants in the City of Tustin; and
WHEREAS, notice of the public hearing on the possible adoption of the
fee program was given to all property owners as provided in Ordinance No. 948;
and
WHEREAS, the property owners within the area of benefit did not file a
majority written protest to the establishment of the Foothill/Eastern
Transportation Corridor Fee Program; and
WHEREAS, a Negative Declaration was issued as a result of initial
studies prepared to assess the environmental impacts which might be associated
with the adoption of the major thoroughfare and bridge fee program.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1: The boundary of the area of benefit shall be as described
in the document dated July 1985 entitled "Major Thoroughfare and Bridge Fee
Program for the Foothill/Eastern Transportation Corridors" ("Program"
attached hereto as Exhibit "A" and incorporated by reference herein.
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SECTION 2: The estimated cost of these major thoroughfares and
bridges are as follows:
Foothill/Eastern
Transportation Corridors
$516,147,000.00
The Program is presently designed to collect 48.5% of the cost of construction
of the Foothill/Eastern Transportation Corridors.
SECTION 3: The fees for development within the area of benefit are
based on the trip ends generated by the development as determined from the Trip
Generation Tables included in the Program and shall be assessed upon new
development based upon the number of dwelling units included in the development
(for residential projects) or the gross square footage of the development (for
non-residential projects) in those amounts as set forth in the Area of Benefit
Fee Table included in the Program.
SECTION 4: An automatic adjustment of the fees, based upon the
Construction Cost Index, shall be made each fiscal year commencing in fiscal
year 1986-87. An adjustment of the fee based upon updated project cost
estimates or other changed conditions shall be made in lieu of the Annual Cost
Index Adjustment when necessary.
SECTION 5: The collection of the fee shall be a condition of issuance
of a building permit as described in the Program. The payment of fees may be
deferred for all residential rental projects or projects which include State or
Federal requirements to provide units affordable to families with incomes less
than 80% of the median income for those time periods and subject to those terms
and conditions set forth in Section IX of the Program. Fee credits shall be
granted for dedications and work performed for the corridors as set forth in
Section XI of the Program.
SECTION 6: In the event the City executes the "Joint Exercise Of
Powers Agreement" Creating the Foothill/Eastern Transportation Corridor Agency"
("Agreement"), upon the effective date of said Agreement, the City shall remit
all fees collected pursuant to the Program to the Joint Powers Agencies created
by said Agreement pursuant to; the terms and conditions of said Agreement. In
the event the City executes said Agreement, any person aggrieved by a decision
of the City regarding the amount of any corridor fee imposed or fee credit
granted may appeal the decision of the City to the Foothill/Eastern
Transportation Corridor Agency, where appropriate, which decision shall be
final.
SECTION 7: This Resolution shall be effective upon the effective date
of Ordinance No. 948, establishing the Major Thoroughfare and Bridge Fee
Program.
PASSED AND ADOPTED by the City Council of the City of Tustin,
California, this day of , 1985.
Frank H. Greinke
Mayor
ATTEST:
Mary Wynn
City Clerk