PC R 93-1453RLSOI,U'1'ION NO. )3-1453
A R�SOLUTION OF '1'IIC CI'1'Y Or ARROYO GRANDC
PLANNING COMMISSION RCCOMMCNDING TjIA1' TIIC
CITY COUNCIL INS'I'RUC1' TIIE CITY CLERIC TO rILL A
NOTICC OF CAT�GORICAL rXCMP'TION AND AllOPT
TIIC UPllATED 'I'RAFP'1C IM1'ACT rEC PROGRAM
WI�I�R�AS, in 1989, the City Council agreed to a program for collecting traffic
mitigation fees through the environrnental review process; and
WI-I�REAS, since new traffic inFormation has been generated since the Council's
direction in 1989, the City retained Crawford, Multari & Starr to develop a traffic impact fee
program in compliance with AB 1600; and
WHEREAS, on August 12, 1993 and September 21, 1993, joint meetings between the
Planning Commission and Traffic Commission were held to discuss the joint traffic impact fee
program; and
WII�R�AS, on December 21, 1993 the Planning Commission held a public hearing to
review tfie draft traffic impact fee program; and
WI��R�AS, the City of Arroyo Grande has found that the proposal can be categorically
exempt per Section 15061 of the CEQA Guidelines.
NOW, T'IICRErOR�, l3� I'I' RESOLVED that the Planning Commission of the City
of Arroyo Grande hereby recommends to the City Council adoption of the Resolution and
Ordinance outlined in Exhibit "A" on the following findings:
1. The purpose of transportation facilities impact fee is to protect the public health, safety
and welfare by maintaining tlle existing level of service for existing and future residents
and businesses with the City of Arroyo Grande and to pay for lhe cost of providing such
facilities;
2
�
The fees collected pursuant to the attached resolution shall be used only to pay for public
facilities identified in Exhibit "A" of lhe attached Ordinance.
There is a reasonable relationship between the type of development on which fees are
imposed and the purpose for which such fees will be used.
On motion of Commissioner 'I'appan, secondecl by Commissioner Soto, and by tl�e
following roll call vote, to wit:
AYCS: Commissioners Tappan, Soto, Reil(y, Hatchelt and Chairman Carr
NOES: None
AI3SENT: Commissioners Deviny and Keen
the foregoing Resolution was adopted this 21st day of December, 1993.
ATT�ST:
Nancy I3ro n, Commission Clerk
, ��
Robert W. Carr, Cl�airman
�XIIII3I I1 A (1
��
ORDINANCC NO.
AN ORDINANC� Or T�-IC CITY OF ARROYO GRANDE ES1'A,I�LISIIING
TRANSPORTATION FACILITII+S D�VELOPMENT IMPACT r�TS rOR
ALL NEW DEV�LOPMFNT WITIIIN TI�C CITY OT' ARROYO GRANDE
WI-IER�AS, the City of Arroyo Grande has evaluated transportation system
improvements needed to maintain an acceptable level of service for the present and future
residents and businesses of lhe City of Arroyo Grande; and,
WHEREAS, the list of needed transportation system improvements, along with the
estimated cost of constructing such irnprovements is attached as Ex}iibit "A" and is liereby
incorporated by reference; and,
WI the list of needed improveil�ents shown in Exhibit "A" will benefit all
existing and future residents and busi►�esses of the City of Arroyo Grande; and
WI-I�R�AS, Exhibit "A" provides a reasonable nexus and relationship between new
development and the public tacilities needed to maintain the existing level of public services for
existing and future residents and businesses in the City of Arroyo Grande pursuant to California
Government Code Section 66000, et seq; and,
W�IER�AS, the City Planning Director has detennined that this ordinance is
categorically exempt from the provisions of the California Environmental Quality Act pursuant
to Article 18, Sections 15061 (a) and 15273 (a) (4); and,
WII�RCAS, the City Council has held a properly noticed public hearin,g to consider the
proposed development impact fees; and,
WHEREAS, the proposed ordinance promotes the public health, safety and general
welfare;
NOW TIICRCFORI; BC IT ORDAIN�D by The City Council of the City of Arroyo
Grande as follows:
S�CTION 1: Pur�ose
In order to implement the goals and objectives of the City of Arroyo Grande General Plan and
to mitigate the public service impacts caused by new development, certain transportation
facilities must be purchased and/or constructed. The City Council has determined that a
development impact fee is needed in order to pay for such faci(ities, and to pay for the new
development's fair share of the construclion and/or acquisition costs oE these improvements. In
eslablishing the fees described in the following sections lhe City Council finds that the fees are
consistent with the Cily's General Pian.
Orciinance No.
Establishing Transportation Facililies Development Impact Fees
Page 2
SECTION 2: �st�blisl�n�ent of Developmeut Iuip�ct rees •
A Transportation Facilities Development Impact Fee is hereby established as a condition of any
new development for which approval is required from the City of Arroyo Grande, including
issuance of Uuilding permits and/or certificates of occupancy. Said fees are established to pay
for public facilities as identified in �xhibit "A", attached hereto and hereby incorporated by
reference. The City Council shall, from time to time, by resolution, set forth the amount of lhe
fee, list the specific public improvements to be to be financed with said fees, describe the
estimaled cost of the facilities, describe the reasonable relationship between the fee and the type
of development on which the fee is being levied, and set forth the time of payment of the fee.
Said resolution shall provide for a method of adjusting the amount of the fees to account for
changes in construction costs or other considerations affecting the reasonable relationship
between the fees and the cost of the identified pub(ic facilities.
A credit up to five (5) years for the previous use on the site shall be given.
ProJ'ects exempt from this ordinance, provided building permits are issued by
1996, and no traffic impact fee mitigation measure was required, are:
l. � Development projects slill active wliich were approvecJ prior to September 1989.
2. Vacant residenlial lots which existed prior to , 1994.
SCCTION 3: Liiuited Use of rees
The revenues raised by lhe imposition of fees pursuant to this ordinance shall be placed in
special accounts and such revenues, along with the any interest earnings derived from such
revenues, shall be used solely to:
(a) pay for the construction of facilities described in the resolution adopted pursuant
to Section 2 above, or to reimburse the City for such facilities that the City may
have constructed with funds advanced from other sources; or
(�) reimburse developers who have been required or permitted by Section 4, below,
to install such facilities which are oversized with supplemental length, size or
capacity.
S�CTION 4: Develoner Conslruction of r�cilities
Whenever a developer is required, as a condition of approval of a development permit, to
construct a public facility described in the resolution pursuant to Section 2 above, which facility
is determined by the City to have supplemental length, size or capacity beyond that needed to
serve that specific development, and when such construction is necessary to ensure timely and
efficient construction of the facilities, a reimbursement agreement with the developer and a credit
against the fee which would otherwise be charged pursuant to this ordinance shall be offered.
'The reimbursement offer shall not include that portion of the cost needed to provide services to
or mitigate the impacts of the development.
Ordinance No.
Establishing 1'ransportation Facilities Deveiopment Impact Fees
Page 3
S�CT'ION 5: Tee Adjust.nients
The City Council may, at its discretion, waive or adjust said fees for any purpose deemed by
the City Council to be in the best public interest of the City of Arroyo Grande. A developer of
any project subject to the fee established in Section 2 above may appeai to the City Council for
a reduction or adjustment to tl�at fee, or a waiver of tl�e fee, if the developer believes tl�at,
because of special circumstances of project ciiaracteristics, tlie project will not generate traffic
impacts typical of other uses in the same land use category. The application shall be made in
writing to tlie City Clerk, along witli any required application fee, not later tlian (1) ten days
prior to the public l�earing on the development permit application for tl�e project, or (2) of no
develop►nent permit is required, at the time of tl�e filing of the request for a building permit.
The application shall state in detail the factual basis for the claim of the waiver, reduction or
adjustment. The City Council shall consider the appeal at a public hearing to be held within
sixty days after the Cling of the appeaL The hearing of lhe appeal may be continued from time
to time. The decision of the City Council on the appeal shall be final. If a fee reduction,
adjustrnent or waiver is granted, any change in the permitted type or intensity of land use williin
the approved development project shall invalidate the reduction, adjustment or waiver. The City
Council may require the applicant to submit a traffc study, fiscal impact analysis, or other
documentation necessary to determine whether a waiver is appropriate. .
SCCTION 6: Unexpended ru��ds
Pursuant to Government Code Section 66001 (d), whenever fees collected pursuant ro this
ordinance remain unexpended or uncommitted for five or rnore years after deposit of the fee,
the City Council shall make findings one each year with respect to the unexpended amount. The
City Council shall identify the purpose for which the fee is to be used, and demonstrate a
reasonable relationship between the fee and the purpose for which it was charged. The findings
required by this section need only be made for monies in possession of the City, and need not
be made with respect to any letter of credit, bonds or other items given to secure payment of
the fee at a future date.
The City shall refund to the then-current owner or owners vf the new development project or
projects, on a proraled basis the unexpended or uncommitted portion of the fees for which need
cannot be demonstrated pursuant to this section. The City may refund the unexpended or
uncommitted revenue by direct payment, by providing a temporary suspension of public facility
impact fees, or by any other means consistent with his section. The determination of the means
by which those fees are to be refunded is a legislative act.
If the City Council determines that the administrative costs of refunding the unexpended or
unconunitted fees collected pursuant lo this ordinance exceed the amount to be refunded, the
City Council, after a public hearing, nc�tice of which has been published pursuant to section 6061
of the California Government Code and posted in three prominent places within lhe area of the
new development project, may determine that the unexpended or uncommitted fees shall be
allocated for some other purpose for which the fees are collectecl and which serves the new
development project on which the fees were originally imposed.
Ordinance No.
Establishing Transportation Facilities Development Impacl Fees
Page 4
S�CTION 7:
Interpretation of this Ordinance shall be submitted to the Planning Department in writing and
an interpretation shall be made by the 1']anning Commission.
SCCTION 8:
This ordinance, along with the names of lhe Council members voting for and against, shall be
published in summary, at least three (3) days prior lo its final passage, in a newspaper of local
circulation within the City of Arroyo Grande. Pursuanl to California Government Code section
66017, this ordinance shall become effective sixty (60) days after final action by the City
Council:
INTRODUCED by the Council of the City of Arroyo Grande at its meeting held on the
day of , 1994, on motion of Council Mernber ,
seconded by Council Member , and by the following roll call vote, to wit:
AY�S:
NOCS:
A13SEN'T:
NIATTHEW PETER GALLAGHER, III, MAYOR
ATTEST:
NANCY A. DAVIS, CITY CLERK
APPROV�D AS TO FORM:
ROGER C. LYON, CITY ATTORNEY
EXHIBIT "A"
Table 1
Transportation System Improvement Plan
Estimetad Other Arroyo Grende Arroyo Grende
Improvement Description Coet Apencies Percentege Cost Priority
Involved7
Widen Brisco Road undercrossing 52,000,000 No 100°� 52,000.000 1
EI Cemino Reel - Brisco to S510,000 No 100'i6 9510,000 1
Halcyon; widen to four lenes
West Branch Street - 4 lene from S 1,690,000 No 100% S1,690,000 1
Oak Perk to Brisco
West Branch Street - 5 lane irom S740,000 No 100°,6 S740,000 5
Brisco to Grand Ave.
Oek Park Roed - Widen to 4 3760,000 Grover Beach 50% S380,000 5
lenes Grend Ave. to 101
Huasne Road/227 - Signelize S120,000 County, 33% 339,600 5
intersection Caltrans
Brench St.lTre(fic Way - S736,000 No 100°i6 S.736,000 1
reconfigure intersection including
releted improvements
Traffic Wey/Feir Oaks - signelize 3120,000 No 100% S 120,000 5
intersection including releted
improvements
Halcyon Rd./Grand Ave. - NB lett $225,000 No 100% 5225,000 5
turn, WB left tur�
Elm St./ Ferroll Ave. - signalize 9120,000 No 100°�6 9120,000 5
intersection
Valley Road - realign curva at S33,000 No 100% 333,000 3
school
Feir Oeks - Widen to 5 lenes S499,000 No 100% S499,000 5
from Traffic Way to creek
Huesne Roed - Widen to 4 lanes $693,000 No 100% S693,000 5
from Clarence to Verd Loomis
Branch Miil/Cherry Avenue - 9268,000 No 100% 3268,000 1
upgrade existinp roadwey
Elm St. - Acquire ROW for $50,000 No 100% 550,000 5
wideni�g
Halcyon Rd. - Acquire ROW for 3200,000 No 100°,% S200,000 5
widening
TOTAI S8,764,000 S8,303,600
Sources: Camprehensive Soulh Counfy Trsffic Model and Study, Final Repart, November 1992. Ci(y ofArroyo Grande Ci�culation E/ement
of �he GeneralP/an. City o( Arroyo Grande Public Works Department. California Stete Department of Trensportetion (Caltrens).
Priority 1-5
1 - Highest
3 - Moderte
5 - Lowest
EXIIIBI'I' ��8��
CITY OF ARROYO GRANDE TRAN5POR1'ATION rACILITY IMPACT FEES
Average Traffic
Land Use Daily Impact Fee
Tri s
Sin le Famil Detached 10 $ 538.22
Single Family Attached (Condos & 7 $ 376.75
Du lexes
Multi-Famil Units 6.1 $ 328.31
Mobile Homes Traflers 4.8 $ 258.34
Commercial Retail (per 1,0�0 40.7 $2,190.55
s .ft.
Commercial Service (per 1,000 50 $2,691.09
s .ft.
Industrial er 1,000 s.ft. 5.5 $ 296.02
Office er 1,000 s.ft. 20 $1,076.44
Miscellaneous uaes - Use ITE --- $ 53.82
Manual, for s ecific use. er ADT
R�SOLUTION NO.
A RESOLUTION OF THE CITY OF ARROYO GRA.NDE S�TTING
FORTH THE AMOUNT OF PUBLIC FACII,ITY Il�IPACT FEFS .
WHEREAS, Ordinance of the City of Arxoyo Gra�lde establisl�es transportation
facility impact fees and provides for tlie setting of fee amounts by resolution of ttie City Council;
and, �
WH�REAS, the City has conducted a study which estimates the costs of public facilities
needed to maintain tt�e existit�g level of public services to existing and future residents and
businesses in tl�e City of Arroyo Grande, which is attacl�ed I�ereto as Exhibit "A" 8.ild WI11CI1 1S
hereby incorporated herein by reference; and,
WHEREAS, pursuant to California Government Code Section 66016, said study has bee►�
available for public inspection anci review at least ten (10) days prior to a public 1�earing lield
on this matter and public notice was provided fourteen (14) days prior to the public hearing;
and,
WHEKEAS, pursuant to California Government Code Section 66017, this resolution
si�all become effective sixty (60) days from the passage of Ordinance .
NOW, THEREFORE, the City Council of the City of Arroyo Grande finds and resolves
that:
1. Findings:
a. Tl�e purpose of transportation facilities impact fees is to protect ti�e public healtl�, safety
and welfare by maintaining the existing level of public services for existing and future
residents and businesses within the City of Arroyo Grande, and to pay for the cost of �
providing such facilities.
b. The fees collected pursuant to this resolution shall be used only to pay for public
facilities identified in Exf�ibit "A" pursuant to Ordinance _
c. There is a reasonable relationship between the types of development on which fees are
imposed and the purpose for whic}i sucli fees will be used.
2. Cost �sti�nates:
The estimated costs of public facilities to be funded with the fees established by this resolution
are set forth in attached Exhibit "l�". If the actual or estimated cost of public facilities, as
identiGed and shown in attached Exhibit "A" should change, the City Manager shall review the
fees to determine whether such fees are still adequate. If the fees should be changed, the City
Manager shall recommend to tt�e City Council a revised fee schedule be adopted by resolution.
3. AiT�ount of Fees:
a. The amount of the public facility impact fees shall be as set forth in attached Exhibit
�� ��
b. The Standard Industrial Classification Manual (SIC) shall be used to interpret land use
categories, when it is unclear.
Resolution No.
Setting Forth Transportation Facilities Development Impact Fees
Page 2
4. Time of Payment:
a. Public facility impact fees for any develop►nent project shall be due and payable prior
to final inspection and/or issuance of certificate of occupancy, and shall be collected by
the Building Official. Notwithstanding, under Government Code Section 66007 (b), the
City is autt�orized to collect the fees at tt�e time of building permit issuance if the fees
are for public facilities and improvements for which accou�its have been established and
funds appropriated, and for which the City has adopted a proposed construction schedule;
or the fees are to reimb��rse the City for expenditures previously made.
5. Exe►nptions•
Exemptions to the fees adopted herein may be gra�tted by the City Council pursuant to Ordinance
of tlie City of Anoyo Gra�ide.
6. Separate Accounts:
The Finance Director shall deposit fees collected under this resolution in separate public facility
impact fee accounts as required by California Government Code Section 66006. Within sixty
days of the close of each fiscal year, the Finance Director shall make available to the public an
accounting of eacll fu�id, a��d ttie City Council sfiall review tl�at information at its next regular
public meeting; notice of tl�e meeting stiall be given as provided in Government Code Section
66006(b)(2).
7. Interpretation:
Interpretation of tf�is Ordinance shall be submitted to tlie Planning Department in writing and
an interpretation sl�all be made by the Planning Commission.
NOW, T�I�REFORE, BE IT RESOLVLD by lhe Council of the City of Arroyo Grande
at its meeting held on the day of , 1994, on a motion of
, seconded by �
and on the following roll call vote:
AYES:
NOES:
ABSENT:
MATTHEW PETER GALLAGHER, III, MAYOR
ATT�ST:
NANCY A. DAVIS, CITY CLERK
APPROVED AS TO rORM:
ROGER C. LYON, CITY ATTORNEY
EXHIBIT "A"
Table 1
Transportation System Improvement Plan
Estimeted Other Arroyo Grande Arroyo Grande
Improvement Description Cost Aqencies Percentage Cost Priority
Involved7
Widen Brisco Roed undercrossing SZ.000,000 No 100% 32,000,000 1
EI Camino Real - B�isco to S510,000 No 100% 3510,000 1
Helcyon; widen to four lenes
West Branch Street - 4 lene from S 1,690,000 No 100% S1,690,000 1
Oak Park to Brisco
West Branch Street - 5 lene from 5740,000 No 100% S740,000 5
8risco to Grend Ave.
Oek Park Road - Widen to 4 3760,000 Grover Beach 50°,�0 9380,000 5
le�es Grend Ave. to 101
Huesna Roed/227 - Signalize 3120,000 County, 33% 339,600 5
intersectfon Caltrans
8ranch St.lfreffic Wey - 9736,000 No 100% S736,000 1
reconfigure intersaction including
related improvements _ .
Treffic Way/Feir Oaks - signelize S 120,000 No 100°,6 3120,000 5
intersection includtng releted
improvements
Helcyon Rd./Gra�d Ave. - NB left 3225,000 No 100% $225,000 5
turn, WB left turn
Elm St./ Ferroll Ave. - signelize 8120,000 No 100°�(, 3120,000 5
intersection
Valley Roed - realign curve at 333,000 No 100% 533,000 3
school
Feir Oaks - Widen to 5 lanes 3499,000 No 100°% S499,000 5
(rom Trat(ic Wey to creek
Huasne Roed - Widen to 4 lenes 3693,000 No 100% $693,000 5
from Clarence to Vard Loomis
Branch MilllCherry Avenue - 5268,000 No 100% S268,000 1
upgrade existing roedwey
Elm St. - Acquire ROW far $50,000 No 100°i6 350,000 5
widening
Halcyon Rd. • Acquire ROW for 9200,000 No 100% S200,000 S
widening
TOTAL S8,764,000 58,303,600
Sources: Comprehensive South Caunty TraNic Model and Study, Final Report, November 1 992. City of Arroyo Grande Circulafion E/emenf
of the Gene�al P/an. City of Arroyo Grande Public Works Oepertment. Calitor�ia Stete Department of Trensportation (Caltransl.
Priority 1-5
1 - Highest
3 - Moderte
5 - Lowest
� 1
L—J
�X�IIBIT ��8��
CITY OF ARROYO GRANDE TRANSPORTATION FACILITY 1MPACT FEES
Average Traffic
Land Use Daily Impact Fee
Tri s
Sin le Famil Detached 10 $ 538.22
Single Family Attached (COndos & 7 $ 376.75
Du lexes
Mu1ti-Fami1 Units 6.1 $ 328.31
Mobile Homes Trailers 4.8 $ 258.34
Commercial Retail (per 1,000 40.7 $2,190.55
s .ft.
Commercial Service (per 1,000 50 $2,691.09
s .ft.
Industrial er 1,000 s.ft. 5.5 $ 296.02
Office er 1,000 sv.ft. 20 $1,076.44
Miscellaneous uses - Use ITE --- $ 53.82
Manual, for s ecific use. er ADT