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HomeMy WebLinkAboutCC RES 89-1658 14 RESOLUTION NO. 89-165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ESTABLISHING TRANSPORTATION SYSTEM IMPROVEMENT PROGRAM AREAS AND SETTING INTERIM DEVELOPMENT FEES THEREFORE WHEREAS, Section 8101 ko of the Tustin City Code establishes the authority of the City Council to create Transportation System Improvement Program Areas and to establish fees on development in such areas to pay for transportation system improvements located in or benefitting such areas; and WHEREAS, the City Council deems it appropriate to establish two Transportation System Improvement Program ("TSIP") Areas in Tustin, hereinafter referred to as TSIP Area "A" and TSIP Area "B" which are identified in Exhibit "A" attached hereto and incorporated herein by reference, as distinct TSIP Areas and to establish interim transportation system improvement development fees in each area; and WHEREAS, a partial list of improvements prepared by the City of Santa Ana in the vicinity of TSIP Area "A" shows that over twenty-two million dollars ($22,000,000) in public improvements are needed which include the widening of Grand Avenue on the east side between First and Fourth Streets, the widening of First Street and Fourth Street at the Costa Mesa Freeway, intersection improvements at Fourth Street and Yorba, and intersection improvements at Tustin Avenue and 17th Street; and WHEREAS, preliminary transportation system improvement costs in TSIP Area "B" within the City of Tustin are expected to exceed twenty million dollars ($20,000,000) and will include the extension of Newport Avenue, the extension of Tustin Ranch Road, the construction of an overpass at Edinger, the widening of Edinger and Red Hill, and the extension of Jamboree Road to Barranca; and WHEREAS, the Transportation System Improvement Program will be applied to all types of development projects including residential, commercial, office and industrial, subject to certain limited exceptions set forth in Section 8101 k. of the Tustin City Code; and WHEREAS, the use of the fee for transportation system improvements is reasonably related to all types of~development projects because the owners, the occupants and visitors of all types of uses will be be'nefitted by improved vehicular traffic flow; and 10 27 Resolution No. 89-165 Page 2 WHEREAS, the need for the public facilities is reasonably related to all types of development projects because all types .of development projects generate vehicular traffic; and WHEREAS, the restriction 6f the use of fees to transportation system improvements which are located in, or which substantially benefit, the area of the city from which the fees are derived assures that the fees derived from any given development project are used to provide those transportation improvements which most directly address the needs created by such development projects; and WHEREAS, allowing further development within each TSIP Area without developer contributions toward funding needed circulation improvements would be injurious to the public safety, health and welfare. NOW, THEREFORE, be it resolved by the City Council of the City of Tustin as follows: 1. TSIP Areas "A" and "B", consisting of that territory identified in Exhibit "A" are hereby established 2. Effective January 1, 1990, the fee to be charged pursuant to Tustin City Code Section 8101 k. for Transportation System Improvement Areas "A" and "B" are hereby established as follows- A. For TSIP Area "A" two percent (2%) Of the costs of construction or improvement which is the subject of a building permit application for which payment of a fee is required by Section 8101 k. B. For TSIP Area "B" an amount based upon the square footage of added gross floor area by land use as follows · Commerc ial/O f f ice R&D Industrial $2.60 per square foot of building floor area $1.80 per square foot of building floor area $1.00 per square foot of building floor area C. The purpose and use of the above said fees is set forth in Section 8101 k. of the Tustin City Code as follows- 3 6 10 11 12 .13 14 15 16 17 18 19 20 21 23 27 28 Resolution No. 89-165 Page 3 "The purpose of a Transportation System Improvement Program is to identify and designate those areas where the transportation system may experience a significant reduction in the level of service unless corrective measures are instituted concurrent with increased transportation demands° Fees collected for building projects and improvements on properties in a Transportation System Improvement Program Area shall be used to improve the areawide transportation system within such area except said fees may be expended for improvement outside the area when such improvements will substantially benefit the Transportation System within the area." PASSED AND ADOPTED at a regular meeting of the City Council held on the 7th day of May, 1990. RI CHARD EDGAR Mayor · Mary E. Wynn City Clerk City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RESOLUTION NO. 89-165 MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify' that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 89-165 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 7th day of May, 1990 by the following vote' COUNCILMEMBER AYES- Edgar, Puckett, Pontious, Potts COUNCILMEMBER NOES- None COUNCILMEMBER ABSTAINED- Prescott COUNCI LMEMBER ABSENT- None Valerie Whiteman, Chief Deputy' City Clerk f. LEGEND:. PROPERTIES FRONTING BOTH SIDES OF THE STREET ARE ENCUMBERED IN THE FEE AREA FAIRHAVEN AVENUE ~ 1~2 SEVENTEENTH STREET FRUIT ST.- ... FOURTH ST. IRVINE BOULEVARD FIRST CHESTNUT ST MC FADDEN AVENUE. EDINGER AVENUE WARNER AVENUE DYER Rd EXHIBIT A SANTA ANA/TUSTIN TRANSPORTATION IMPROVEMENT PROGRAM (TSIP) BENEFIT AREAS