HomeMy WebLinkAboutCC RES 88-1210
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RESOLUTION NO. 88-12
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN ESTABLISHING A
FEE PROGRAM TO FUND CERTAIN
IMPROVEMENTS TO SERVE THE EAST
TUSTIN SPECIFIC PLAN AREA
WHEREAS, the City of Tustin ("City") and The Irvine
Company ("TIC") entered into the East Tustin Development
A~reement dated November 3, 1986, approved by Ordinance No. 978
adopted November 3, 1986, and effective December 3~ 1986 (the
"Development A~reement" ); and
WHEREAS, pursuant to the Development Agreement, TIC is
obligated'
(1) to provide funds for the construction of a fire
protection facility to serve the East Tustin area
(which consists of the land which is 'the subject of
the Development Agreement, Tract No. 12345 and Parcel
No. 84-10321) and the acquisition of a new engine
pumper for that facility, at a total cost not to
exceed 1.3 million dollars in 1986 dollars;
(2) to contribute a fair-share proportion of the funds
required for the widenin~ of Irvine Boulevard, not to
exceed thirty percent (30%) or $300~000o00 ad3usted
for inflation; and
(3) to contribute a fair-share proportion of the costs to
expand the Civic Center facilities~ not to exceed
forty percent (40%) or $2,000,000.00~ ad3usted for
chan~es in construction costs; and
WHEREAS, the Development A~reement provides that the
fore~oin~ TIC obligations may be financed by a program of fees,
payable upon issuance of building permits.
NOW, THEREFORE, the City Council of the City of Tustin
does hereby resolve as follows-
I. The City Council finds and determines as follows-
A. The Development Agreement authorizes the
establishment of a fee program to finance the
following TIC obligations to fund improvements that
will serve the East Tustin Specific Plan Area'
1. Fire protection facility and new engine pumper
at a cost of $1.3 million, in 1986 dollars.
2. Thirty percent (30%) of the actual construction
and ri~ht-of-way acquisition costs to widen
Irvine Boulevard, not to exceed $300,000.00,
adjusted for inflation.
3. Forty percent (40%) of the total construction
cost to expand the Civic Center facilities, not
to exceed $2,000,000.00, adjusted for chan~es in
construction costs.
B. The City, in conjunction with TIC, has considered
methods available to finance the fore~oin~ TIC
obligations and has determined that the most
equitable means of fundin9 would be through a pro~ram
of fees, payable upon issuance of building permits.
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C. A Final Environmental Impact Report on the Ea'st
Tustin Specific Plan (85-2) was previously certified
on March 17, 1986, and a Final Supplemental
Environmental Impact Report on the East Tustin
Development Agreement was subsequently certified on
October 22, 1986.
II. The East Tustin Specific Plan Final Environmental Impact
Report (85-2) previously certified on March 17, 1986, and
subsequently certified Final Supplemental Environmental
Impact Report on the East Tustin Development Agreement was
considered prior to approval of this project. The subject
project is within the scope of the East Tustin Specific
Plan previously approved' the effect of this project was
examined in EIR 85-2 and the Supplemental EIR and all
feasible mitigation measures and alternatives developed in
EIR 85-2 and in the Supplemental EIR are incorporated into
the project, as applicable. EIR 85-2 and the Supplemental
EIR are therefore determined to be adequate to serve as
the EIR for this project and to satisfy all requirements
of California Environmental Quality Act.
III. Ail private development within the East Tustin Specific
Plan area shall be required to pay fees, prior to the
issuance of building permits, to fund a fire protection
facility and engine pumper, a pro-rated share of the costs
to widen Irvine Boulevard and a pro-rated share of costs
of expansion of the City's Civic Center facilities. The
method used for calculatin~ how much a specific project
must Pay in fees shall be as shown in Exhibits A, B and C
attached hereto and incorporated herein b~ reference.
~§ IV. In cases where a developer has bonded or provided surety
for fees due prior to adoption of this fee resolution, the
Director of Community Development shall adjust the final
fee schedule and the total amount shall .be paid to the
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City within 30 days of adoption of this resolution.
PASSED AND ADOPTED by the City Council of the City of Tustin at
a regular meetin9 on the 7th day of March 1988.
Ronald B. ~o'est'e~
Mayor
Mary E. ~nn
City Clerk
LEJ' lw'D' 2/23/88(12)
Resolution No.
Exhibtt A
3/7/88
THE DEPARTMENT OF COMMUNITY DEVELOPMENT
EAST TUSTIN SPECIFIC PLAN
ADHINISTRATIVE PROCEDURES AND REQUIRED
BUILDING PERMIT FEES FOR FINANCING
EXPANSION OF CI¥IC CENTER
Purpose
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Section 1.11B of the East Tustin Development Agreement between the City of
Tustin and the Irvine Company {"Developer") authorizes the establishment of a
financing mechanism to finance the Developer's fair share contribution to the
costs of the expansion of the City's existing Civic Center facility to serve the
East Tustin Area which developer's contribution is the lesser of 40% of the
total construction costs of the expansion or not to exceed $2,000,000 adjusted
for inflation.
The purpose of this administrative procedure is to specifically define the
methodology for implementation of the financing method and to ensure that needed
Civic Center facilities to serve development in East Tustin will be provided.
Appl icabtl!ty
in
The requirement to pay fees shall apply to any private development project
the East Tustin Specific Plan Area for' which building permits are applied for.
paym,ent of Fee_s,,
The total amount of fees required for any project pursuant to this
administrative procedure shall be paid up front prior to issuance of any
building permits for the first phase or any phase of any project in East Tustin.
Administrative Procedures for Determination of Fees
The following procedures have been established for implementing a fee
finance Developer's contribution to the expansion of the Civic Center'
system to
I ·
In order to assist in a fair and practical means of distributing
Developer's contribution across the East Tustin Specific Plan area, gross
acreages of the Specific Plan area have been determined by development
phase or sector based on available information as of December 30, 1987.
Preliminary costs for the Civic Center expansion were then generally
distributed to each phase or sector of the East Tustin Specific Plan Area
as shown in Table I.
Administrative Procedures
Building Permit Fees for Financing
Expansion of Civic Center
Pa ge Two
2. At a point where actual development parcels are identified and gross
acreage of each development parcel is determined by adoption of a sector
level Tentative Tract Map for specific phases of development, actual fees
for each development project will be assigned and calculated for each
project site and appropriate fees must be paid prior to issuance of a
building permit based on the following methodology.
Project fees shall be determined by dividing total costs for a phase or
sector as shown on Table I by the actual number of net acres to be
developed in a phase or sector (see Table 2 and 3 examples)° This
calculation will provide a fee estimate per acre which will then need to be
multiplied by the number of acres in a specific builder level project.
Once a preliminary project fee is established utilizing this methodology,
the actual fees shall be adjusted upward to reflect percentage increases in
the Construction Cost Index from November 1987 to November of any year~
This multiplier rate shall be adjusted on an annual basis.
3. If the total amount of fees held by the City at the time the construction
contract for the expansion of the Civic Center is awarded are not
sufficient to pay Developer's contribution, then Developer shall advance to
City such additional funds up to the $2,000,000 as adjusted for increases
or decreases in the costs of construction from November, 1986 to the date
of the construction contract award as may be needed subject to reimbursment
from any such building permit fees subsequently collected.
As fees are collected in excess of Developer's advance, City shall
reimburse Developer's advance within 30 days of receipt of excess fees.
TABLE
PRELIMINARY DISTRIBUTION OF
COSTS FOR CIVIC CENTER EXPANSION
EAST TUSTIN SPECIFIC PLAN
DEVELOPMENT
Phase 1 Gross Acres ~ of Total Acres
_ ~_ ~. _. i ,,, -- --~----
1987 Dol 1 ars
Tract 12763 207** 17 $340,000
Tract 13274 129 11 220,000
Phase 2
Tract 12870 440** 36 720,000
Phase 3
__
Sectors 1-6'* 443** 36 720,, 000
Totals 1219'* 100% $2,000,000'
* Actual 1987 lestimate of total costs for Civic Center is 6.5 million
** Subtracts public parkland, school sites, and other community facilities
TABLE 2
TRACT MAP 12763
EAST TUSTIN SPECIFIC PLAN
PROJECT FEES FOR CIVIC CENTER EXPANSION
(I) (II) (III)
Fee Estimate Estimated Fees
Lots Acres _ Per Acre _in 1987 dollars (1) (2)
1 & 2 19.370 $47,744
3 24.353 60,026
4 14.647 36,102
5 9.724 23,968
6 10.300 25,388
11 & 16 13.100 32,289
12 15.545 38,316
13 13.340 32,881
14 14.573 35,920
15 2.989 7,367
137 941 =$2,:464 ~82 $340~0'01
(2)
Acres in column I multiplied by fee estimate of $2,464.82 shown in Column
II.
Figures to be revised annually to reflect annual
the Consumer Price Index.
percentage increases in
Lots
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2
3
4
5
6
7
8
9
10
11
12
13
14
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22
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25
TRACT 13274
EAST TUSTIN SPECIFIC PLAN
PROJECT FEES FOR CIVIC CENTER EXPANSION
(1) (II) (III)
Fee Es ti ma te Es ti mated Fees
Acres Per Acre in 1987 Dollars (1) & (2)
23.80 $' 51,930
.99 2,160
1.34 2,925
.63 1,375
.71 1,549
.94 2,051
.71 1,549
.32 700
.80 1,745
25.50 55,640
4.18 9,120
.69 1,505
.69 1,505
.69 1,505
.69 1,505
.69 1,505
.69 1,505
2.18 4,756
3.20 6,982
2.48 5,411
1.'46 3,185
.47 1,025
2.85 6,220
23.30 50,836
.83 1,811
·
100,8~ ~, ~8~:'8~ I $ 2~--0~
(2)
Acres in Column I multiplied by fee estimate of $2,181.89 per acre shown in
Col umn I I
Figures In Column III to be revlsed
Increases in the Consumer Price Index
annually to reflect annual percentage
Resolution 88-12
Exhlb~ t B
3/7/88
THE DEPARTMENT OF COMMUNITY DEVELOPMENT
EAST TUSTIN SPECIFIC PLAN
ADMINISTRATIVE PROCEDURES AND REQUIRED
BUILOING PERMIT FEES FOR FINANCING
FIRE PROTECTION FACILITY AND EQUIPMENT
Purpose
Section 1.10 of the East Tustin Development Agreement between the City of Tustin
and the Irvine Company {"Developer") authorizes the establishment of a fee
program, payable upon issuance of building permits, to finance Developer's
obligation to fund the construction of a fire protection facility to serve the
East Tustin Area and the acquisition of a new engine pumper at a cost of $1.3~
million in 1986 dollars.
The purpose of this administrative procedure is to specifically define the
methodology for implementation of the fee system and to ensure that needed fir~
protection facilities and equipment to serve development in East TustinI ~il) be
provided.
Appltcabtltty
The requirement to pay fees shall apply to any private development project in
the East Tustin Specific Plan Area where building permits are applied for.
·
Pa~.....e. ntofFees
The total amount of fees required for any project pursuant to this
administrative procedure shall be paid up front prior to issuance of any
building permits for any phase of any project in East Tustin.
Administrative Procedures for Determination of Fees
The following procedures have been established for implementing a fee system to
finance fire protection facilties and new engine pumper in East Tustino
1. In order to assist in a fair and practical means of distributing costs of a
fire protection facility and a new engine pumper across the East Tustin
Specific Plan area, gross acreages of the Specific Plan area have been
determined by development phase or sector based on available information as
of December 30, 1987. Preliminary costs for a fire protection facility and
a new engine pumper were then generally distributed to each phase or sector
of the East Tustin Specific Plan Area as shown in Table I.
i m,m ! ......... _ ' .............
Admi ni strative Procedu.res
Building Permit Fees for Financing
Fire Pro~ec~ion Facility and Equipment
Page two
2. At a point where actual development parcels are identified and gross
acreage of each development parcel determined by adoption of a sector level
Tentative Tract Map for specific is phases of development, actual fees for
each development project will be assigned and calculated for each project
site and appropriate fees would have to be paid prior to issuance of a
building permi~ based on the following methodology.
Project fees shall be determined by dividing total costs for a phase or
sector as shown on Table I by the actual number of net acres to be
developed in a phase or sector (see Table 2 and 3 examples). This
calculation will provide a fee. estimate per acre which will then need to be
multiplied by ~he number of acres in a specific builder level project.
Once a preliminary project fee is established utilizing this methodology,
the actual fees shall be adjusted upward to reflect percentage increases in
the Consumer Price Index (for all urban consumers) from November 1986 to
November of any year. This multiplier rate shall be adjusted on an annual
basis. An example of the above methodology is shown on Table 2.
,
'~ 3. If the total amount of fees held by the City at the time the fire
protection facility is needed (as determined by City) are not sufficient to
pay for construction of the facility and acquisition of new engine-pumper,
then the Irvine Company shall advance to City such additional funds as may .
be needed subject to reimbursment from any such building permit fees
subsequently collected.
As fees are collected in excess of Developer's advance, City shall
rei.mburse Developer's advance within 30 days of receipt of excess fees.
TABLE I
PRELIMINARY DISTRIBUTION OF
COSTS FOR FIRE PROTECTION
FACILITY AND EQUIPMENT
EAST TUSTIN SPECIFIC PLAN
DEVELOPMENT
Phase i Gross Acres % of Total Acres
Tract 12763 207** 17
Tract 13274 129 11
Phase 2
Tract 12870 440** 36
Phase 3
Sectors 1-6' 443** 36
Totals 1219'* 100%
* Actual
** Subtracts
figures to be refined at later stages of project
public parkland, school sites, and other
1986 Dollars
$221,000
143,000
468,000
468,000 m
$1,300,000
community facilities
TABLE 2
Lots
TRACT MAP 12763
EAST TUSTIN SPEC[FZC PLAN
PROJECT FEES FOR FIRE PROTECT[ON
FACILITY AND EQUZPMENT
1&2
3
4
5
6
11 & 16
12
13
14
15
(I) (II) (III)
Acres
(IV)
Es %i mated Fee
Fee Estimate Estimated Fees (1) Adjusted through
Per Acre in 1986 dollars November 1987 (2) &
19.370 $31,033 $32,461
24.353 39,017 40,812
14.647 23,466 24,545
9.724 15,579 16,295
10.30'0 16,502 17,261
13.100 20,988 21,953
15.545 24,905 26,051
13.340 21,372 22,355
14.573 23,348 24,422
2.989 4,790 5,010
137 ~94i ~$1~02 ~3 ~221,000 $231,16~
(3)
(1)
(2)
(3)
Acres in column I1 multiplied by fee estimate of $1602.13 is per acre shown in
Column II
Column IV total is estimated fee per acre shown in Column III multiplied by
increase in Consumer Price Index (CPI) since adoption of East Tustin Specific
Plan. The increase in the Consumer Price Index between November 1986 - November
1987 was 4.6%
Figures In Column IV to be
Increases in the Consumer Price
revised annually to reflect annual percentage
Index.
Resolution No. 88-~2
Exhibtt C
3/7/88
THE DEPARTMENT OF COMMUNITY DEVELOPMENT
EAST TUSTIN SPECIFIC PLAN
ADMINISTRATIVE PROCEDURES FOR COLLECTION OF
BUILD lNG PERMIT FEES
TO FINANCE WIDENING OF IRVINE BOULEVARD
Purpose
Sectto'n 1.11 of the East Tustin Development Agreement between the City of Tustin
and the Irvine Company ("Developer") authorizes the establishment of a fee
program, payable upon issuance of building permits, to finance Developer's fair
share contribution of the widening of Irvine Boulevard. Developer's fair share
contribution has been determined to be 30% of the actual construction and
right-of-way acquisition costs not to exceed $300,000 adjusted for inflation.
The purpose of this administrative procedure is to specifically define the
methodology for implementation of the fee system.
Appl tcabtl t t)~
The requirement to Ipay fees shall apply to any private development project in
the East Tustin Specific Plan Area for which building permits are applied for.
Payment of Fees
The total amount of fees required for any project pursuant to this
administrative procedure shall be paid up front prior to issuance of any
building permits for the first phase or any phase of any project in East Tustin.
Administrative Procedures for Determination. of Fees
The following procedures have been established for implementing a fee system to
finance the widening of Irvine Boulevard in East Tustin'
1. In order to assist in a fair and practical means of distributing costs for
Irvine Boulevard across the East Tustin Specific Plan area, gross acreages
of the Specific Plan area have been determined by development phase or
sector based on available information as of December 30, 1987o Preliminary
1987 costs of Irvine Boulevard widening were determined at $690,000
multiplied by 30% with the total impact ($207,000) generally distributed to
each phase or sector of the East Tustin Specific Plan Area as shown in
Table I.
Lots
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
TRACT 13274
EAST TUSTIN SPECIFIC PLAN
PROJECT FEES FOR FIRE PROTECTION
FACILITY AND EQUIPMENT
(~) (II) (III) (IV)
Estimated Fee
Fee Estimate Estimated Fees Adjusted Through
Acres Per Acre in 1986 Dollars November, 1987 {2)
23.80 $ 33,754 $ 35,307
.99 1,404 1,469
1.34 1,900 1,987
.63 894 935
.71 1,007 1,053
.94 1,333 1,394
.71 1,007 1,053
.32 454 475
.80 ' 1,135 1,187
25.50 36,165 37,829
4.18 5,928 6,200
· 69 979 1,024
.69 979 1,024
.69 979 1,024
.69 979 1,024
.69 979 1,024
.69 979 1,024
2.18 3,092 3,234
3.20 4,538 4,747
2.48 3,517 3,679
1.46 2,071 2,166
.47 667 698
2.85 4,042 4,227
23.30 33,045 34,565
· 83 1,177 '1,231
1~ $1~1~3 $143,004 $149,580
(1)
(2)
(3)
Acres in Column I multiplied by fee estimate of $1418.23 per acre shown in
Column II
Column II total is estimate fee per acre shown in Column III multiplied by
increase in Consumer Price Index (CPI) since adoption of East Tustin
Specific Plan. The increase in the Consumer Price Index between November
1986 - November 1987 was 4.6%
Figures in Column IV to be revised annually
increases in the Consumer Price Index
to reflect annual
percentage
,o
Admi ni strative Procedures
Building Permit Fees for Financing
Irvine Boulevard Widening
Page Two
2. At a point where actual development parcels are identified and gross
acreage of each development parcel is determined by adoption of a sector
level Tentative Trac~ Map for specific phases of development, actual fees
for each development project will be assigned and calculated for each
project site and appropriate fees would have to be paid prior ~o issuance
of a building permit based on the following methodology.
Project fees shall be determined by dividing total costs for a phase or
sector as shown on Table I by the actual number of net acres to be
developed in a phase or sector (see Table 2 example). This calculation
will provide a fee estimate per acre which will then need to be multiplied
by %he number of acres in a specific builder level project. Once a
preliminary project fee is established utilizing this methodology, the
actual fees shall be adjusted upward to reflect percentage increases in the
Consumer Price Index (for all urban consumers) from November 1987 to
November of any future year. This multiplier rate shall be adjusted on an
annual basis. An example of the above methodology is shown on Table 2o
3. If the total amount of fees held by City at the ~ime a contract for Irvine
Boulevard widening is awarded is not sufficient to cover the full amount of
the Irvine Company's fair share for the widening of Irvine Boulevard, the
Irvine Company shall pay on demand, prior ~o or concurrent with the award,
~he full amount of its fair share portion of funds (30% of total project
costs not ~o exceed $300,000 adjusted for inflation). The full amount
shall be determined by subtracting funds availabe to City from outside
sources (FIE., FAU funding) and any funds collected at the time 'of building
permi~ issuance as noted in Section 2 above.
As fees are collected in excess of Developer's advance, City shall
reimburse Developer's advance within 30 days of receipt of excess fees.
TABLE I
PRELIMINARY DISTRIBUTION OF COSTS FOR
IRVINE BOULEVARD WIDENING
EAST TUSTIN SPECIFIC PLAN
DEVELOPMENT
Phase 1
Gross Acres % of Total Acres
Tract 12763
Tract 13274
207** 17
129 11
Phase 2
Tract 12870
440** 36
Phase 3
Sectors 1- 6* 443** 36
,, _
Totals 1219 100%
(~)
Actual 1987 estimate is $690,000 which may be adjusted
Actual figures to be refined at later stages of project
1987 Dollars *(1)
· , ~
$ 35,190
22,770
74,520
, _74,520
$207,000
TABLE 2
TRACT MAP 12763
EAST TUSTIN SPECIFIC PLAN
PROJECT FEES FOR
IRVINE BOULEVARD WIDENING
Lots
(I) (II) (III)
Fee Es tlmate Es timated F~es (1)
Acres Per Acre in 1987 dollars
i & 2 19.370 $ 4,941
3 24.353 6,213
4 14.647 3,736
5 9.724 2,481
6 10.300 2,628
11 & 16 13.100 3,342
12 15.1545 3,966
13 113.340 3,403
14 14.573 3,718
15 2.989 7.63,
137~94i $-255 ~lf $ 35 ~i'91
(1)
(2)
Acres in column I.multiplied by fee estimate of $255.11 shown in Column II
Figures to be revised annually
the consunmr price index.
to reflect annual
percentage increases in
Lots
_
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(z)
(2)
TRACT 13274
EAST TUSTIN SPECIFIC PLAN
PROJECT FEES FOR IRVI#E BOULEVARD WIDENING
(1) (II) (III)
Fee Es timate Es timated Fees
Acres Per Acre in 1987 Dollars {1)
23.80 $ 5,375
.99 224
1.34 303
.63 142
.71 160
.94 212
.71 160
.32 72
.80 181
25.50 5,759
4.18 944
.69 156
.69 156
.69 156
.69 156
.69 156
.69 156
2.18 492
3.20 723
2.48 560
1.46 330
.47 106
2.85 644
23.30 5,262
.83 187
100-8~ $~225'.83 $ ~
Acres in Column I multiplied by fee estimate of $225.83 per acre shown in
Column II
Figures in Column III to be revised annually to reflect annual percentage
increases in the Consumer Price Index
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF TUSTIN )
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. 88-12 was duly and regularly introduced, passed and adopted at a
regular meeting o~he City Council held on the 7t~ day of Mar_ch,_1988, bY the
fol 1 owing vote'
AYES · COUNCILPERSONS' Edgar,
NOES · COUNCILPERSONS' None
ABSENT' COUNCILPERSONS' None
Hoesterey, Kelly,
Kennedy, Prescott
City of Tu~tin, California