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HomeMy WebLinkAbout1991-10-08 - ORDINANCES - TRANSIT MITIGATION FEE (2)ORDINANCE NO. 91- 46 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AUTHORIZING AN INTERIM TRANSIT MITIGATION FEE AND PROVIDING FOR THE ADOPTION OF THIS ORDINANCE AS AN URGENCY MEASURE THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council does hereby find, determine and declare: A. The City is currently engaged in a comprehensive Development Impact Fee Study. A portion of the Development Impact Fee Study will include transportation impact fees for traffic and transit facilities in a combined public facilities program. B. A transit mitigation fee will allow the City to make investments in transportation modes to maintain transportation services in the City and minimize the level of service impacts on roads and highways caused by new development. C. These transportation facilities include, but are not limited to, buses, vans, a bus yard, construction of bus pads and bus turnouts, and commuter rail stations and facilities. SECTION 2. A subdivider of residential property, as a condition of approval of a final map, shall pay a fee as established by resolution of the City Council to defray the cost of constructing and developing transportation modes to minimize the level of service impacts on roads and highways caused by new residential development. Such fee shall be referred to as the Transit Mitigation In Lieu Fee. SECTION 3. The adoption of this Ordinance is exempt from the California Environmental Quality Act pursuant to Section 15273 of the California Environmental Quality Act ("CEQA") Guidelines in that CEQA does not apply to the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, and other charges by public agencies which the public agency finds are for the purpose of obtaining funds for capital projects, necessary to ... maintain service within existing service areas. -1- tbm/ORN301301 SECTION 4. Pursuant to Government Code Section 36934, this Ordinance is adopted as an urgency measure and shall take effect immediately upon adoption. This urgency Ordinance is adopted due to an immediate threat to the public health, welfare and safety of the City. The findings of the City Council regarding this urgency are as follows: A. Failure to adopt the urgency measure would result in a funding shortfall for the transit program. B. Such a funding shortfall would cause delays in the construction and establishment of transportation modes to be funded with the transportation program. C. Delays in the construction and establishment of transportation modes would further exacerbate the current traffic congestion in the Santa Clarita Valley. D. The sooner the interim fee is effective, the sooner the projects and transportation modes will have a positive environmental effect on the area and residents, as the traffic congestion will decrease. SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this 8th day of October 1991 MAYOR ATTEST: c CITY C RK I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 8th day of nrtnhnr , 199j_, by the following vote of the Council: -2- tbm/ORN301301 AYES: COUNCILMEMBERS Darcy, Heidt, Klajic, McKeon, Boyer NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS No CIT CLERK -3- tbm/ORN301301