HomeMy WebLinkAboutORD FOR INTRODUCTION 09-... (2)AGEF DA
DATE:
ORDINANCES FOR INTRODUCTION
~ NO. 2
SEPTEMBER 11, 1985
TO:
FROM:
SUBJECT:
WILLIAM HUSTON, CITY MANAGER
BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
MAJOR THOROUGHFARE AND BRIDGE FOR PROGRAM FOR FOOTHILL/EASTERN
TRANSPORTATION CORRIDORS
RECOMMENDATION
Pleasure of the City Council.
BACKGROUND
On September 3, 1985, staff distributed the following items to the City Council
for information:
Draft Ordinance adopting the Joint Exercise of Powers Agreement and
adopting the Major Thoroughfare and Bridge Fee Program.
Draft Resolution establishing the Areas of Benefit for the
Foothill/Eastern Transportation Corridor.
° Draft Copy of the Joint Powers Agreement.
Copy of the Major Thoroughfare and Bridge Fee Program for the San
Joaquin Hills Transportation Corridor and the Foothill/Eastern
Transportation Corridors.
At this meeting, the City Council approved/authorized the following items:
° Schedule of processing.
° Public Hearing date of Thursday, October 10, 1985 at 7:00 p.m.
° Public Notice format.
° Mailing of Public Notices.
° Supplemental budget appropriation of $6,500.00 for processing costs.
Council also requested staff to poll the other Foothill/Eastern Corridor Joint
Powers Agreement Cities to determine their response as to whether their agency
would consider amending the Joint Powers Agreement to allow an Agency to have
descretionary powers to waive fee requirements for commercial/industrial additions
within a Redevelopment Agency. Staff was able to make contact with most of the
local agencies, but received only staff responses. Any final decisions would have
Bill Huston
Sept. 11, 1985
Page 2
to be made by each respective City Council. A summation of these responses and
established date of Public Hearings for each City is as follows:
CITY RESPONSE HEARING DATE
Anaheim No staff response any comments 09-24-85
should be made by City Council.
Irvine Staff had no problems with change, 10-15-85
but requires Council confirmation. (Tentative)
Orange Staff had no problems with change, 09-17-85
but requires Council confirmation.
San Clemente
Staff had no problems with change,
but requires Council confirmation.
09-18-85
San Juan Capistrano No response as of this date.
09-18-85
Santa Ana Staff feels there may be problems, 10-16-85
but requires additional confirmation. {Tentative)
Yorba Linda
Staff had no problems with change,
but requires Council confirmation.
09-16-85
DISCUSSION
The attached ordinance does not address any area of the proposed change as
discussed by City Council. Consequently, if Council desires, the Ordinance can be
introduced on September 16th while the potential revision to the Joint Powers
Agreement is reviewed and discussed further.
Additionally, if the Council desires, the second reading and adopting can be
completed either on October 10, 1985 after the Public Hearing or at a later
meeting.
It is staffs' understanding that any of the following options can be pursued after
the adoption of the Joint Powers Agreement in the event it is not revised prior to
execution by all Agencies.
Agreement may be amended with the approval of not less than
three-fourths of all members or ten total votes.
City or Redevelopment Agency may be responsible for fees in lieu of
developer. This would be at the descretion of the City.
Bill Huston
Sept. 11, 1985
Page 3
The only requested action for September 16th is the introduction of the attached
Ordinance adding Section 2800 to the City Code adopting a Major Thoroughfare and
Bridge Fee Program. The attached Resolution is for information only and no action
is required until after the Public Hearing.
B~b Ledendecker
Director Public Works/City Engineer
BL:$kr
Attachments
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ORDINANCe..,0. 948
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".
Be
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.
(1)
(2)
(3)
(4)
The term 'construction' as used in this section includes
preliminary studies, design, acquisition of right-of-way,
administration of construction contracts, and actual
construction.
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.
'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.
'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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Ce
f®
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
wi-th at least three (3) notices posted at arterial
highway intersections within the proposed area of
benefit.
(c)
Notice's 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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he
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.
(2)
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.
(3)
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.
(4)
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
ATTEST:
Mary Wynn
City Clerk
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DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN ESTABLISHING TNE AREA OF BENEFIT AND
THE MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM
AND 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. 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.
; 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 evnironmental 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
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 "Joint Exercise of Powers Agreemnt 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:
of Ordinance No.
Program.
This Resolution shall be effective upon the effective date
, establishing the Major Thoroughfare and Bridge Fee
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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