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HomeMy WebLinkAbout89-066299 REL:mb(14) 6/13/88 Rev. 5/11/89 RESOLUTION NO. 89-066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING TRANSPOR- TATION SYSTEM IMPROVEMENT PROGRAM AREA A-2 AND SETTING DEVELOPMENT FEES THEREFOR. WHEREAS, section 8-44 of the Santa Ana Municipal Code ("SAMC") establishes the authority for the City Council to create Transportation System Improvement Program ("TSIP") Areas and to establish fees on development in such areas to pay for transportation system improvements located in or benefitting such areas; and WHEREAS, the City Council by previously adopted resolutions, has established TSIP Areas A through F in the City of Santa Ana; and WHEREAS, the fee originally imposed in such TSIP Areas was set by SAMC section 88-44 at the rate of one percent (1%) of the estimated cost of construction or improvement of develop- ment projects; and WHEREAS, the City Council has previously increased the fee imposed in TSIP Areas B through F to the rate of two percent (2%) of the estimated cost of construction or improvement of development projects; and WHEREAS, the City Council now deems it appropriate to establish that portion of TSIP Area A which is identified in Exhibit A, attached hereto and incorporated herein by reference, as a distinct TSIP Area, and to increase the fee imposed therein to the same level as applies in TSIP Areas B through F; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. TSIP Area A-2, consisting of that territory identified in Exhibit A, is hereby established. 2. For TSIP Area A-2, the fee charged pursuant to SAMC section 8-44 shall be two percent (2%) of the estimated cost of the construction or improvement which is the subject of a building permit application for which payment of a fee is required by said section 8-44. 3. The purpose of the abovesaid fee is set forth in subsection (e) of SAMC section 8-44 as follows: "The purpose of a transportation system improve- ment program is to identify and designate those areas RESOLUTION NO. 89-066 PAGE TWO where the transportation system may experience a sig- nificant reduction in the level of service unless corrective measures are instituted concurrent with in- creased transportation demands. Fees collected for building projects and improvements on properties in a transportation systems improvement program area shall be used to improve the transportation system within such area when such improvements will substantially benefit the transportation system within the area." 4. The use to which the abovesaid fee will be put is set forth in SAMC section 13-112 as follows: "Monies in a transportation system improvement program area fund shall be expended to improve the transportation system within the area for which such fund was established, or outside such area only when such improvement will substantially benefit such area." The public facilities to be financed by the fee are identi- fied in Exhibit B, attached hereto and incorporated herein. 5. The fee applies to all types of development projects, including residential, commercial, office and indus- trial; subject to certain limited exceptions set forth in section 8-44. The use of the fee for transportation system improvements is reasonably related to all types of develop- ment projects because the owners, occupants and visitors of all types of uses are benefitted by improved vehicular traffic flow. 6. The need for the public facilities is reason- ably related to all types of development projects because all types of development projects generate vehicular traffic. The restriction of the use of fees to transportation system improve- ments which are located in, or which substantially benefit, the area of the City from which the fees are derived assures that the fees derived from any given development project are used to provide those transportation improvements which most directly address the needs created by such develpment project. 7. As used hereinafter "project" means proposed construction which is subject to the payment of a fee pursuant to SAMC section 8-44 and as to which construction pursuant to a validly issued building permit has not commenced as of the effec- tive date of this resolution. 8. The fees established by this resolution shall apply to all projects except as otherwise hereinafter provided. RESOLUTION NO. 89-066 PAGE THREE 9. Any project for which a building permit has been issued prior to the effective date of this resolution shall be subject to the one percent (1%) fee formerly specified in SAMC section 8-44 unless such building permit expires without com- mencement of construction. ADOPTED this 3rd day of Ju]~ , 1989. ATTEST: ~ice C. Guy / ~ Clerk of the Council-/ D'~ni~l H. Y~ung \ Mayor COUNCILMEMBERS: Young ~¥e Acosta Aye Griset Aye May A3e McGuigan Aye Norton A.ye Pulido Aye APPROVED AS TO FORM: City Attorney EXHIBIT, A City Counci~ Agendo Dote Transportation System Improvement area A-2 304 E~IBIT B TRANSPORTATION Skb~r~M IMPROV~zlgT PRCGP~%M FOR AREA A-2 PROJECT 17th St. Median, Grand Ave. to Santa Aha Freeway 17th St. Resurfacing, Santa Ana Freeway to Lincoln Ave. Grand Ave. Widening, 17th St. to Santa Clara Ave. $ 900,000 490,000 800,000 $2,190,000