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94-023
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Last modified
1/3/2012 12:31:01 PM
Creation date
6/26/2003 10:46:59 AM
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City Clerk
Doc Type
Resolution
Doc #
94-23
Date
5/16/1994
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442 RESOLUTION 94-023 <br /> <br />social, or other considerations set forth below make the mitigatio.n measures <br />infeasible. <br /> <br />Tustin at 17th Street - Dedication of a fee interest of the necessary fight-of- <br />way and immediate completion of a second east-bound lane and an east-bound <br />right mm at the southwest coroer of Tusfin Avenue and 17th Street. <br /> <br />Mitigation measure no. 12 requires the project proponent to enter into an agreement <br />with the City to complete these improvements and to make an irrevocable offer of <br />dedication prior to issuance of permits. Although the project proponent has <br />approached the Claim Jumper regarding purchase of this interest at this time, the <br />Claim Jumper has no interest in selling the right-of-way. Therefore, immediate <br />implementation of these improvements is economically and legally infeasible. <br /> <br />Floweve~, the agreement with the City required under mitigation measure no. 12 <br />provides for construction of these improvements as soon as the proponent has the <br />legal opportunity to acquire the Claim Jumper interest. The agreement provides for <br />the immediate deposit with the City of the funds necessary to complete the <br />improvements at the time the right-of-way is available. <br /> <br />The City Council has reviewed the overall cost of exactions and fees due as <br />conditions on the proposed project and has concluded that those exactions and fees <br />represent the project proponent's reasonable share of transportation improvements <br />necessary to address cumulative traffic impacts. The City Council finds that requiring <br />this potential improvement in addition to those exactions and fees would violate the <br />requirement of Government Code Section 66005 that exactions and fees on <br />development projects be reasonably related to impacts created by those projects. <br /> <br />Tustin at Santa Clara - Construction of dual northbound and southbound left- <br /> lanes. <br /> <br />The City Council has reviewed the overall cost of exactions and fees due as <br />conditions on the proposed project and has concluded that those exactions and fees <br />represent the project proponent's reasonable share of transportation improvements <br />n~essary to address cumulative traffic impacts. The City Council finds that requiring <br />this potential improvement in addition to those exactions and fees would violate the <br />requirement of Government Code Section 66005 that exactions and fees on <br />development projects be reasonably related to impacts created by those projects. <br /> <br />Tustin at Fourth - Provision of a free westbound right-mm lane, and <br />conversion of an eastbound thru lane to an eastbound left-mm lane. <br /> <br />Pursuant to their joint powers agreement, the cities of Tustin and Santo Ant have <br />identified the westbound improvements at this intersection as a priority to be funded <br />with TSIA fees. Through payment of these fees, the project sponsor will contribute <br /> <br />- 1 ~ - <br /> <br /> <br />
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