HomeMy WebLinkAbout93-089 - Reducing the Development Fees for Transporation Improvement Program. 17[
RESOLUTION NO. 93-089
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA REDUCING THE
DEVELOPMENT FEES FOR TRANSPORTATION
IMPROVEMENT PROGRAM AREAS B, E AND F
WHEREAS, section 8-44 of the Santa Ana Municipal Code ("SAMC")
establishes the authority of the City Council to create Transporta-
tion 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 its Resolution No. 93-045,
adopted on May 3, 1993, revised the TSIP Areas in the City of Santa
Ana, redesignated those Areas as TSIP Areas A through F, and
increased the TSIP Area fees for those TSIP Areas; and
WHEREAS, the city Council has determined that the increases in
the fees for nonresidential development in TSIP Areas B, E and F,
though not legally excessive, imposed an undue financial burden on
developers, and that it is more appropriate to provide for such
increases to be spread over a five-year period; and
WHEREAS, the City Council therefore desires to reduce the fees
for nonresidential development in TSIP Areas B, E and F in fiscal
year 1993-94 from the level established by Resolution 93-045 to a
level which provides for a modest increase over the fees in effect
prior to July 1, 1993;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SANTA ANA AS FOLLOWS:
1. As used hereinafter, the following terms have the
following meanings:
"Fee" means the fee charged pursuant to SAMC section 8-
44.
"Per square foot" means per square foot of floor space in
the construction or improvement which is the subject of
a building permit application for which payment of a fee
is required by SAMC section 8-44.
2. The following fees shall be effective retroactively from
July 1, 1993:
For nonresidential development in new TSIP Areas B and F
the fee shall be $1.81 per square foot.
RESOLUTION
Page 2
93-089
For nonresidential development in new TSIP Area E the fee
shall be $2.01 per square foot.
Ail other fees shall remain as set forth in Resolution 93-045.
5. 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 improvement program 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 a transportation systems
improvement program area shall be used to improve the transporta-
tion system within such area when such improvements will substan-
tially benefit the transportation system within the area."
6. 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 identified in
Exhibit B, attached hereto and incorporated herein.
7. The fee applies to all types of development projects,
including residential, commercial, office and industrial; 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 development projects because the owners,
Occupants and visitors of all types of uses are benefitted by
improved vehicular traffic flow.
8. The need for the public facilities is reasonably related
to all types of development projects because all types of develop-
ment projects generate vehicular traffic. The restriction of the
use of fees to transportation system improvements 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
development project.
RESOLUTION 93-089
Page 3
ADOPTED this 18th day of
ATTEST:
~l~rk of the Council~/
COUNCILMEMBERS:
Young Aye
Pulido Aye
Lutz Aye
Mills Aye
Moreno Aye
Norton Aye
Richardson Aye
October , 1993.
Mayor ~ !
APPROVED AS TO FORM:
City Attorney
CERTI
State of California
County of Orange
1, JANICE C. GUY,
FICATE OF ORIGINALITY & PUBLICATION
Clerk of the Council, do hereby certify the attached Resolution
to be the original resolution adopted by the City Council of the
City of Santa Ana on
Date:
// -/Clerk of the Coundl("~
'~' City of Santa Ana ~