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HomeMy WebLinkAboutORD 0975 (1986) 1 ORDINANCE NO. 975 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, 3 REQUIRING COMPLIANCE WITH PROPOSED SPE- CIFIC PLAN, REQUIRING THE PAYMENT OF A 4 CIRCULATION IMPROVEMENT FEE, AND ESTAB- LISHING AN INTERIM CIRCULATION IMPROVE- 5 MENT FEE SCHEDULE (REDHILL AND EDINGER) The City Council of the City of Tustin, California, does 6 hereby ordain as follows: 7 I. The City Council finds and determines as follows: 8 A.. The Planning Commission and City Council presently 9 have under consideration the adoption of Specific Plan No. 7 and the adoption of a fee program for 10 bridges and major thoroughfares as authorized-by the City's ordinance No. 948 for the area located tl northerly and southerly bf Edinger Street and. westerly of Red Hill Avenue as further depicted by 12 the map shown as Exhibit A, attached hereto and made a part hereof. 13 B. Environmental Impact Reports and traffic studies for the subject area indicate critical deficien- 14 ties in the circulation system serving the area which cannot be accommodated without the financial 15 assistance of developing properties within the 16 subject area. 17 C. Further developments within the subject area in conflict with the proposed Specific Plan, the Circulation Element of the General Plan and with- 18 out developer contributions toward funding needed circulation improvements, such as those identified 19 in the South Newport, Edinger Circulation Study, would be injurious to the public safety, health 20 and welfare. 21 II. The City Council further finds and determines pursuant 22 to the California Planning and Zoning Law as fgllows: 23 A. A proposed development within the area identified by Exhibit "A" shall require a finding by the Planning Commission that the proposed development 24 is not in conflict with the Specific Plan under consideration or the City's Circulation Element. 26 B. The issuance of a building permit for the area identified by Exhibit "A" shall be conditioned 27 upon the payment of a Circulation Improvement Fee so as to require a fair share contribution by the 28 developer based on type of use and building area.. 1 1 C. Until such time as a fee program is adopted, pursuant to City Ordinance No. 948, the following interim fee schedule for circulation improvements 2 is hereby established: 3 Commercial/Office $2.60 per sq. ft. of building 4 floor area R&D 81.80 per sq. ft. of building floor area 5 Industrial 81.00 per sq. ft. of building 6 floor area The above fee schedule is based upon the South Newport, Edinger Circulation Study, which estimates circulation improvement costs for the 8 subject area of 813.5 million, 9 D. Developers who must pay Circulation Improvement 10 Fees shall either (1) pay those fees, or (2) enter into an agreement with City and either post a bond 11 or other form of security acceptable to the Director of Community Development prior to the issuance of building permits for projects in the 12 area identified by Exhibit "A". 13 III. The City Council finds and determines that the 14 immediate adoption of the ordinance is an urgency mea- sure necessary to protect and preserve the public 15 health, safety and welfare and ordains that this mea- sure shall be effective immediately upon its adoption. 16 PASSED AND'ADOPTED at a regular meeting of the City Council of the City of Tustin on the 15th day of September , 1986. 17 19 M~yor y' 20 Attest: 21 22 Mary , Ci k 23 26 27 LEJ:lw:D:4/7/86(6) LEJ:lw:.R:4/16/86 28 2 _ .. ::::::::::::::::::::::::: INDUSIRIAL DRIVE -. \ ......... ... S~NT~ FE ~R~vE ~:':::":':=:"::::::=:' ii~i::i::~:.~!':'~.:.'-::;:iii!i ..... VALE~CIA I' AVE:~JE EXISTING DEVELOPED PARCELS , DEVELOPED' PARCELS EXHIBIT "A" 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 Ordi- nance No. 975 was duly and regularly introduced and read at a special meeting of the City Co'O'~'cil held on the 15th day of Seotember, 1986, and was given its second reading and duly passed and adopted at a special meeting held on the 15th day of September, 1986, as an urgency measure by the following vote: AYES : COUNCILPERSONS: Edgar, Hoesterey, Kelly, Kennedy, Saltarelli NOES : COUNCILPERSONS: None ABSENT: COUNCILPERSONS: None PUBLISH TUSTIN NEWS: September 25, 1986