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HomeMy WebLinkAboutORD 1201 (1998)r 1 2 3 4 s 6 7 s 9 to it 12 13 14 1s '~ 16 17 is 19 20 21 z2 23 24 2s 26 27 2s I ORDINANCE NO. 1201 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, . CALIFORNIA, APPROVING AN AMENDMENT TO TUSTIN CITY CODE SECTION 810E TO ESTABLISH AND INCREASE THE MINIMUM VALUATION OF DEVELOPMENT PROJECTS THAT ACTIVATE THE TRANSPORTATION SYSTEM. IMPROVEMENT PROGRAM (TSIP) FEES FROM $20,000 TO $30,000. The City Council of the City of Tustin does hereby ordain as follows: SECTION I. FINDINGS: The City Council finds and determines: A. That on November 6, 1989 the cities of Tustin and Santa Ana created a Joint Powers Authority establishing two Transportation Systems Improvement Areas (TSIA) and requiring fees for all development within the Transportation System Improvement Program (TSIP) exceeding $20,000 in valuation for transportation improvements. B. That on May 7, 1990, the Tustin City Council adopted Ordinance No. 1037 establishing the Transportation System Improvement Program Areas and the authority. to collect development fees. C. That on December 11, 1997, the TSIP Board authorized the reassessment of the valuation threshold for the TSIP fees. D: That the adjustment to the threshold is based on the increase in the Construction Cost Index {CCI) for the region from 1982 (the year that City of Santa Ana approved transportation impact fees) to 1987. E. That an amendment to Tustin City Code has been prepared to increase the minimum valuation of development projects that require payment of Transportation System Improvement Program (TSII') fees from $20,000 to $30,000; F. The proposed amendment would not have an adverse affect on the public health,. safety and welfare on residents or businesses of the City; G. Pursuant to Section 15601(b)(1) of California Environmental Quality Act, this amendment is considered a "nonproject"; H. The proposed amendment is consistent with the recommendations of the Transportation System Improvement Authority (TSIA) Board; and, I. The proposed amendment is consistent with the City's General Plan, especially the goals and policies of the Circulation Element. 29 I Ordinance No. 1201 Page 2 Now, Therefore, the City Council of the City of Tustin does ordain asfolio«-s: SECTION II. Section 8101(s) is added to read as follows: Transportation System Improvement Development Fee io 13 to is 16 l~ ~a 19 ~o ~1 ,3 ,; E, ~~ ~s 29 In addition to any other changes 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 ritua~arta,~ao,ria~ 3 ~ ~ _ ,. For purposes of this section the valuation per square foot shall not exceed that listed in the latest edition of "Building Standards Magazine" containing a building valuation data chart. 3. The following construction and improvement projects are specifically excluded from the requirements of the section. a. Construction ofsingle-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 lawfully be imposed by State law. z 3 4 5 6 s 9 to 11 lz 13 14 15 16 17 1g 19 20 zi 2z 23 24 25 26 27 2s 29 Ordinance No. 1201 Page 3 r''"""~, 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 Improvement Program Area and shall be on file in the office of the City Clerk. 5. The purpose of a Transportation System Improvement Area Plan is to identify and designate those areas where the transportation system may experience a significant reduction in the level of service unless corrected 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)2 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 the Tustin-Santa Ana Transportation System Improvement Authority. (Ord. No. 1037, 5-7-90) SECTION III. SEVERABILITY: If any section, subsection, sentence, clause,. phrase or portion of this ordinance is for any reason held. to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision, shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection,. sentence, clause,- phrase or portion thereof irrespective of the fact that any .one or more sections,. subsections, sentences,. clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 1 Sth day of June, 1998. _ ~..~ PAMELA STOKER CITY CLERK i,' N ,. THOMAS R. ~ TARELLI, MAYOR t City of Tustin ORDINANCE CERTIFICATION STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN ORDINANCE NO. 1201 SS Pamela Stoker, 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. 1201 was introduced at a regular meeting of the City Council on June 1, 1998, and was passed and adopted at a regular meeting of the City Council held on June 15, 1998 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Saltarelli, Worley, Doyle, Potts, Thomas None None None Pamela St©ker, City Clerk