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HomeMy WebLinkAbout90-068207 RESOLUTION NO. 90-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA INCREASING DEVELOPMENT FEES FOR TRANSPORTATION SYSTEM IMPROVEMENT PROGRAM AREAS A-2, B, C-1 AND D THROUGH G 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-2, B, C-1 and D through G in the City of Santa Ana; and WHEREAS, the fee previously imposed in such TSIP Areas was set by SAMC section 88-44 at the rate of two percent (2%) of the estimated cost of construction or improvement of development projects; and WHEREAS, section 8-44 is being or has been amended to provide for the amount of said fees to be set by resolution of the City Council; and WHEREAS, the City Council does now desire to increase the development fees within TSIP Areas A-2, B, C-1 and D through G; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. For TSIP Areas A-2, B, C-1 and D through G, the fees charged pursuant to SAMC section 8-44 shall be three percent (3%) 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. 2. 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 transportation system within such area when such improvements will substantially benefit the transportation system within the area." 209 3ESOLUTION NO. 90-068 PAGE TWO 3. 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 A, attached hereto and incorporated herein. 4. 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. 5. The need for the public facilities is reasonably 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 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. 6. 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 effective date of this resolution. 7. The fees established by this resolution shall apply to all projects except as otherwise hereinafter provided. 8. Any project for which a building permit has been issued prior to the effective date of this resolution shall be subject to the two percent (2%) fee formerly specified in SAMC section 8044 unless such building permit expires without commencement of construction. 9. Any project for which a building permit application has been filed in accordance with Chapter 3 of the Building Code prior to the effective date of this resolution shall be subject to the two percent (2%) fee formerly specified in SAMC section 8-44 unless such building permit application expires 2.11 RESOLUTION NO. 90- 068 PAGE THREE without issuance of a building permit or unless a building permit issued pursuant to such application expires without commencement of construction. ADOPTED this 4th day of June , 1990. ATTEST: ~94~ice C. Guy / ~ Clerk of the Counci~ / COUNCILMEMBERS: Young Aye Acosta Aye Griset Aye May Ave McGuigan Ave Norton Ave Pulido Ave D~niel H. ~ou~g Mayor APPROVED AS TO FORM: City Attorney = Are~ A-2 C-! C-1 C-! C-~ EXHIBIT A PROJECT DESCRIPTION TSIP AREAS A-2, B, C-1 AND D THROUGH G (Page 1 of 2) Project 17th St., Grand to Santa Aha Freeway Grand Ave., 17th St., to Santa Clara Alton at SR ~5 Main at Dyer Maple/Halladay N/B SRo55 off-ramp at Dyer Halladay at Dyer Alton and McGaw at SR-5§ Dyer Rd., Main to Halladay Halladay, Alton'to Dyer Halladay at Dyer N/B SR-5~ off-ramp at MacArthur Materials Report to resurface streets Conduct study to amend Circulation Element Grand Ave., I7th to Washington 17th St., Grand to Cabrillo 1?th St., Cabrtllo to SR-5~ Materials Report to resurface streets Conduct study to amend Circulation Element Descript!on Median Widen Overpass Add N/B through-lane Alignment studies Add 3rd lane Add W/B through-lane Overpass studies Widen Widen Traffic signal Widen Resurface Resurface ResurfBce 215 Area D D E E E E F F F F F F G G EXHIBIT A PROJECT DESCRIPTION TSIP AREAS A-2, B, C-1 AND D THROUGH G {Page 2 of 2) Harbor Blvd., MacArthur to Segerstrom Flower St., Sunflower to Warner Raitt, Segerstrom to Alton Traffic Study to amend Circulation Element Westminster Ave., Fairview to Euclid McFadden, Harbor to ECL Warner, Harbor to Fatrview Traffic Study to amend Circulation Element Ros~, Civic Center to Washington Santa Aha Blvd., French to Santiago Flower, Santa Aha to Civic Center First St., Bristol to Plower Civic Center at Santa Aha Bristol, 5th St. to Warner Standard, 1st St. to Chestnut McFadden, Standard to ECL Grand Ave. at Dyer Description Resurface Resurface Resurface Widen Widen Resurface Resurface Resurface Resurface Resurface Extension Resurface Widen Resurface Traffic signal