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HomeMy WebLinkAboutORD 1037 (1990)ORDINANCE NO. 1037 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20. 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY OF TUSTIN AMENDING THE TUSTIN CITY CODE BY ADDING SECTION 8101 k. TO ESTABLISH A TRANSPORTATION SYSTEM IMPROVEMENT DEVELOPMENT FEE The City Council of the City of Tustin does hereby ordain as follows: Section 1. Section 8101 of Chapter 1, Article 8 of the Tustin City Code is amended by adding subsection 8101 k. which subsection shall read as follows: K. Transportation System Improvement Development Fee 1. In addition to any other charges or improvement requirements, there shall be a special fee required as a condition precedent to the issuance of certain building permits for construction or improvement on those properties lying at least partially within any portion of the City designated by resolution of the City Council as a Transportation System Improvement Program Area. 2. The Building Official shall require the payment of a special fee in the amount established and regulated by resolution of the City Council within a Transportation System Improvement Program Area before a building permit will be issued when an application for a building permit indicates the following: a. A construction or improvement project which will result in a new building or structure, or an increase in floor area on a parcel of land which lies wholly or partially within the boundaries of a Transportation Improvement Program Area; and b. The estimated cost of the proposed construction or improvement, as determined by the Building Official will exceed twenty thousand dollars ($20,000.00). For purposes of this section the valuation per square foot shall not exceed that listed in the latest edition of Buildina Standards Magazine containing a building valuation data chart. 3. The following construction and improvement projects are specifically excluded from the ~1 Ordinance No. 1037 Page 2 requirements of the section. 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a. Construction of single family residential units and accessory structures. b. Tenant improvements and maintenance work which will not increase the floor area of existing structures. c. Off-street parking facilities. d. Any construction or improvements as to which a development fee may not be lawfully be imposed by State law. 4. Any resolution of the City Council establishing a Transportation System Improvement Program Area shall have affixed thereto a map specifically describing the boundary of such Transportation System Improvement Program Area and shall be on file in the office of the City Clerk. 5. The purpose of a Transportation System Improvement Program Area 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 Transportation Systems Improvement Program Areas shall be used to improve the areawide transportation system within such area, except said fees may be expended for improvements outside the area when such improvements will substantially benefit the transportation system within the area. 6. All monies received from fees collected pursuant to Section 8101 k. for permits issued within a Transportation System Improvement Authority upon direction of the City Manager pursuant to the provisions of the Joint Exercise of Powers Agreement between the City of Tustin and the City of Santa Ana creating 1 2 3 4 5 s 7 8 9 10 11 12 13 14 15 16 17 18. 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1037 Page 3 the Tustin-Santa Ana Transportation System Improvement Authority. PASSED AND ADOPTED at a regular meeting of the City Council held on the ?Z.U day of May, 1990. //~~ ~ 67 Richard Edgar Mayor ~~ ~~ - - C~1 Mary E. Wynn ity Clerk City of Tustin ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) ORDINANCE NO. 1037 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 Ordinance No. 1037 was duly and regularly introduced and read at a regular meeting of the City Council held on the 20th day of November, 1989, and was given its second reading and duly passed and adopted at a regular meeting held on the 7th day of May, 1990, by the following vote: COUNCILMEMBER AYES: Edgar, Puckett, Pontious, Potts COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: Prescott COUNCILMEMBER ABSENT: None Valerie Whiteman, Chief Deputy City Clerk