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O 461 C.S. . , . '-' ..... ~ , 287 ORDINANCE NO. 461 C. S . AN ORDINANCE OF TIlE CITY OF ARROYO GRANDE ESTABLISHING TRANSPORTATION FACILITIES DEVELOPMENT IMPACT FEES FOR ALL NEW DEVELOPMENT WITHIN THE CITY OF ARROYO GRANDE WHEREAS, 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 the City of Arroyo Grande; and, i WHEREAS, the list of needed transportation system improvements, along with the I . estimated cost of constructing such improvements is ,attached as Exhibit "A" and is hereby ! incorporated by reference; and, I - WHEREAS, the list of needed improvements shown in Exhibit "A" will benefit all existing and future residents and businesses of the City of Arroyo Grande; and WHEREAS, Exhibit "A" provides a reasonable nexus and relationship betwe~n new development and the public facilities needed to maintain Ule existing level of public servic~s for existing and future residents and businesses in the City of Arroyo Grande pursuant to California Government Code Section 66000, et seq; and, WHEREAS, the City Planning Director has determined that this ordinance is categoricalIy exempt from the provisions of the California Environmental Quality Act pursuant to Article 18, Sections 15061 (a) and 15273 (a) (4); and, WHEREAS, the City Council has held a properly noticed public hearing to consider Ule proposed development impact fees; and, WHEREAS, the proposed ordinance promotes the public health, safety and general welfare; NOW THEREFORE BE IT ORDAINED by The City Council of the City of Arroyo Grande as follows: SECTION 1: Puroose 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 facilities, and to pay for the new development's fair share of the construction and/or acquisition costs of these improvements. In establishing the fees described in the following sections, the City Council finds that the fees are consistent with the City's General Plan. ~ ... -, 288 Ordinance No. 461 c.s. Establishing Transportation Facilities Development Impact Fees Page 2 SECTION 2: Establishment of Development Imcact Fees 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 building permits and/or certificates of occupancy. Said fees are .established to pay for public facilities as identified in Exhibit · ^ ", attached hereto and hereby incorporated by reference. The City Council shall, from time to time, by resolution, set forth the amount of the fee, list the specific public improvements to be to be financed with said fees, describe the estimated 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 public facilities. A credit up to five (5) years for the previous use on the site shall be given. , '......, Projects exempt from this ordinance, provided buiJding permits are issued by a date two (2) years from the effective date of the ordinance, March 9, 1996 and no traffic impact fee mitigation measure was required, are: 1. Development projects stiII active which were approved prior to September 1989. 2. Vacant residential lots which existed prior to the effective date of the ordinance, March 9, 1994. SECTION 3: Limited Use of Fees The revenues raised by the 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 (b) reimburse developers who have been required or permitted by Section 4, below, to install such facilities which are oversized with supplemental length, size or capaci ty . SECTION 4: DeveIouer Construction of Facilities 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/or a credit against the fee which would otherwise be charged pursuant to this ordinance may be offered. The reimbursement offer shaH not include that portion of the cost needed to provide services to or mitigate the impacts of the development. -' . '- - ':'"> 289 Ordinance No. 461 C.S. Establishing Transportation Facilities Development Impact Fees Page 3 SECTION 5: Fee Adjustments 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 appeal to the. City Council for a reduction or adjustment to that fee, or a waiver of the fee, if the developer believes that, because of special circumstances of project characteristics, the project will not generate traffic impacts typical of other uses in the same land use category. The application shall be made in writing to the City Clerk, along with any required application fee, not later than (1) ten days prior to the public hearing on the development permit application for the project, or (2) of no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the c1aim 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 filing of the appeal. The hearing of the appeal may be continued from time ,- to time. The decision of the City Council on the appeal shall be final. If a fee reduction, adjustment or waiver is granted, any change in the permitted type or intensity of land use within the approved development project shall invalidate the reduction, adjustment or waiver. The City Council may require the applicant to submit a traffic study, fiscal impact analysis, or other documentation necessary to determine whether a waiver is appropriate. SECTION 6: Unexuended Funds Pursuant to Government Code Section 66001 (d), whenever fees collected pursuant to this ordinance remain unexpended or uncommitted for five or more years after deposit of the fee, the City Council shall make findings once 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 of the new development project or projects, on a prorated 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 U1e administrative costs of refunding the unexpended or uncommitted fees collected pursuant to this ordinance exceed the amount to be refunded, the City Council, after a public hearing, notice of which has been published pursuant to section 6061 of the California Government Code and posted in three prominent places within the 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 collected and which serves the new development project on which the fees were originally imposed. .- - . 2'9'0 .. . - -- Ordinance No. 46 1 C. S . Establishing Transportation Facilities Development Impact Fees Page 4 SECTION 7: Interpretation of this Ordinance shall be submitted to the Planning Department in writing and an interpretation shall be made by the Planning Commission. SECTION 8: SeDarate Accounts The Finance Director shaH deposit fees coHected 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 each fund, and the City Council shall review that information at its next regular public meeting; notice of the meeting shall be given as provided in Government Code Section 66006(b )(2). I SECTION 9: i This ordinance, along with the names of the Council members voting for and against, shaH be --- published in summary, at least three (3) days prior to its final passage, in a newspaper of local circulat.ion within the City of Arroyo Grande. Pursuant to California Government Code section 66017, this ordinance shall become effective thirty (30) days after final action by the City Council. INTRODUCED by the Council oCthe City of Arroyo Grande at its meeting held on the 8th:iay of February , 1994, on motion of Council Member Burke , seconded by Council Member Moots , and by the following roll call vote, to wit: A YES: Council Members Burke, Moots, Brandy, Souza and Mayor Gallagher NOES: None ABSENT: None ~~Qb: ~ C~ MATIHEW PETER GA~~6H:E ,I~ YOR ATTEST: ~a.~ NANCY A. A VIS, CITY CLERK APPROVED AS TO FORM: ~~ I I ROGER C. a:, 0 , fry A DORNEY ) j - - . - . ~. t. . . 291 ~ .- '.' EXHIBIT "A" Table 1 Transportation System Improvement Plan Estimated Othar Arroyo Grande Arroyo Grande Improvement Description Cost Agencies Percentage Cost Priority Involved? Widen Brisco Roed undercrossing $ 2.000,000 No 100% $2.000,000 1 EI Camino Reel - Brisco to $510,000 No 100% $510,000 1 Halcyon; widen to four lanes West Branch Street - 4 lane from $1.690,000 No 100% $1,690,000 1 Oak Park to Brisco West Branch Street. 5 lane from $740,000 No 100% $740,000 5 Brisco to Grand Ava. Oak Park Road - Widen to 4 $760.000 Grover Beach 50% $380,000 5 Janes Grand Ave. to 101 - Huesna Road/227 - Signalize $120.000 County, 33% $39,600 5 intersection Caltrans Branch St.rrraHic Way - $736,000 No 100% $736,000 1 reconfigure intarsection including related improvements TraHic Way/Fair Oaks - signalize $120,000 No 1000/0 $120,000 5 intersection including ralatad improvaments Halcyon Rd./Grand Ava. - NB left $225,000 No 100% $225,000 5 turn, we left turn Elm St.1 Farroll Ave. . signalize $120.000 No 100% $120,000 5 intersection Velley Road. realign curve at $33.000 No 100% $33.000 3 school Feir Oeks - Widen to 5 lanes $499,000 No 100% $499.000 5 from Traffic Way to creak Huasna Road - Widen to 4 lanes $693.000 No 100% $693,000 5 from Clerence to Vard Loomis Branch Mill/Cherry Avenua - $268,000 No 100% $268,000 1 upgrade existing roadway Elm St. - Acquira ROW for $50.000 No 100% $50.000 5 widening Helcyon Rd. . Acquire ROW for $ 200,000 No 100% $200,000 5 widening I TOT AL I $8,764.000 I I I $8,303,600 I I Sources: Comprehensive South Counry Traffic Mode/end Study, Final Report. November 1992. City of Arroyo Grande Circulation Element of the Genera/ Plan. City of Arroyo Grande Public Works Department. California State Department 01 Transportation (Caltrans!. Priority 1-5 1 - Highest 3 - Moderte 5 - lowest '- " - . . - ~ -.' " -' - 292 OFFICIAL CERTIFICATION I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify, under penalty of perjury, that the foregoing Ordinance No. 461 C.S. is a true, full and correct copy of said Ordinance passed and adopted at a regular meeting of the Arroyo Grande City Council on the 8th day of February, 1994. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 22nd day of February I 1994. \ ~a.~ , -/ NANCY A. VIS, CITY CLERK CITY OF ARROYO GRANDE I i I I I I ! -' Resolution No. 3021 EXUIDIT "D" CITY OF ARROYO GRANDE TRANSPORTATION FACILITY IMPACT FEES Average Traffic Land Use Daily Impact Fee Trips Sinale Familv Detached 10 -$ 538.22 Single Family Attached (Condos & 7 $ 376.75 Duclexes) .' Multi-Familv Units 6.1 $ 328.31 Mobile Homes/Trailers 4.8 $ 258.34 Commercial Retail (per 1,000 40.7 $2,190.55 Sq. ft. \ Commercial service (per 1,000 50 $2,691.09 Sq. ft.) Industrial (cer 1,000 sq. ft.) 5.5 $ 296.02 office fcer 1,000 sa. ft.) 20 $1,076.44 Miscellaneous uses - Use ITE --- $ 53.82 Manual, for scecific use. per ADT . .'