HomeMy WebLinkAboutORD FOR ADOPTION 05-20-85 (2).... · " ORD'"ANCES FOR ADOPTION
DATE: May 20, 1985
TO:
FROM:
SUBJECT:
HONORABLE HAYOR AND CITY COUNCIL
COI4RUNITY DCYELOPNENT DEPAR'TT4ENT
DEYELOPNENTS HI'THIN PROPOSED SPECIFIC PLAN NO. 7 AREA
BACKGROUND
The traffic study conducted by Austin-Foust Associates for the area proposed for
Specific Plan No. 7 identified the critical need for circulation improvements
that would require substantial financial contributions from various sources
totaling $13,000,000.
A suggested means of financing the circulation improvements is the imposition of
a development fee and contributions from the Redevelopment Agency.
Austin-Foust Associates proposed the following fee schedule for developments
within Specific Plan No. 7 area, which would generate $6,760,000, or
approximately one-half of the cost of public improvements:
Commercial/office $2.60 per sq.ft, of building floor area
R & D $1.80 per sq.ft, of building floor area
Industrial $1.00 per sq.ft, of building floor area
Developers requiring discretionary action (i.e., Pacific Bell) have consented to
the payment of transportation improvement fees. Other projects are pending
which do not require discretionary action of the city and there is no existing
authority to require the payment of transportation improvement fees.
DISCUSSION:
Presently under consideration is the preparation and adoption of Specific Plan
No. 7, the South/Central Redevelopment Project Amendment, a Circulation Element
of the General Plan, and the Bridges and Thoroughfare Fee Program. However, it
appears that it will require six months to complete the pending actions.
Section 65858 authorizes the City Council to adopt as an urgency measure an
interim ordinance prohibiting any use which may be in conflict with a
contemplated specific plan. The ordinance must be adopted by a 4/5 vote of the
Council and is valid for 45 days. The ordinance may be extended for an
additional 10 months and 15 days after the Council gives notice and conducts a
public hearing.
Ordinance No. 930 has been prepared as an urgency ordinance which would require
a finding of the Planning Commission that a proposed development within the area
of Specific Plan No. 7 is in conformance with the Specific Plan and that
contribution has been made to a Circulation Improvement Fund in accordance with
the schedule of fees, as a condition of the issuance of a building permit.
,City Council Report
Specific Plan No. 7
page two
The proposed ordinance would not establish a moratorium on development but would
require the Planning Commission to review all proposed developments within the
area and enable the collection of fees for transportation improvements.
RECO~E#OED ACTION:
1. The adoption of Ordinance No. 930 as an urgency ordinance.
2. Authorize staff to advertise a public hearing for the extension of the
ordinance beyond the 45 day limit for a period of 10 months and 15 days
while Specific Plan No. 7 is undergoing review and adoption.
Director of Community Development
DDL:RFK:do
Community Development Department
ED~GER $1REET
INDUS,'RIAL DRIVE
SANTA FE DRIVE
VALENCIA AVENUE
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EXISTING DEVELOPED PARCELS
DEVELOPED PARCELS
~'"~ J L. WEBB PLANNIN
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ORDINANCE NO~ 930
AN URGENCY ORDINANCE OF llJE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA, REQUIRING
COMPLIANCE WITH PROPOSALS OF A SPECIFIC PLAN
The City Council of the City of Tusttn, California, does hereby ordain as
follows:
I. The' City Council finds and determines as follows:
A. The Planning Commission and City Council presently have under
consideration the adoption of a Specific Plan, Amendment to the
South/Central Redevelopment Project, a Circulation Element
amendments and the adoption of a fee schedule' for bridges and
major thoroughfares as authorized by Section 66484.3 of the
Subdivision Map Act for the area located northerly and southerly
of Edinger Street and westerly of Red Hill Avenue as further
depicted by the map shown as Exhibit A, attached hereto and a
part hereof.
B. Environmental Impact Reports and traffic studies of the subject
area indicate critical deficiencies in the ctrculption system
serving the area which cannot be accommodated with the financial
assistance of developing properties within the subject area.
C. Further developments within the subject area in conflict with
the proposed Specific Plan, Circulation Element Amendment and
Bridge and Major Thoroughfare Contributions would be injurious
to the public safety, health and welfare.
II. The City Council further finds and determines pursuant to Section
65858 of the California Planning and Zoning Law as follows:
A. A proposed development within the area identified by. Exhibit "A"
shall require a finding by the Planning Commission that the
proposed development is not in conflict with the specific plan
under consideration or proposed amendments to the Circulation
Element.
B. The issuance of a building permit for subject area shall be
conditioned upon the payment of a Circulation Improvement Fee as
described by Section 66484.3 of the Subdivision Map Act, to
require a fair share contribution of the developer based on type
of use and building area as follows:
Commercial/Office $2.60 per sq.ft, of building floor area
R&D $1.80 per sq.ft, of building floor area
Industrial $1.00 per sq.ft, of building floor area
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Ordinance No. 930
page two
III. The City Council finds and determines that the immediate adoption of
the ordinance as an urgency measure is necessary to protect and
preserve the public health, safety and welfare and ordains that this
measure shall be effective immediately upon its adoption.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the day of , 1985.
FRANK H. GREINK£,
Mayor
Attest:
MARY WYNN,
City Clerk