O 402 C.S.
ORDINANCE NO. 402 C.S,
AN URGENCY ORDINANCE
OF THE CITY OF ARROYO GRANDE
IMPOSING INTERIM FEES ON BUILDING PERMITS
FOR NEW CONSTRUCTION PENDING FINAL EFFECTIVITY
OF ORDINANCE FOR BACKBONE TRAFFIC CIRCULATION IMPROVEMENT FUND,
AND PROVIDING CREDITS FOR ANY EXCESS FEES COLLECTED
WHEREAS, this Council is considering the adoption of a
permanent ordinance to assess fees and surcharges on new
construction and development found to contribute to increased
peak hour traffic volume; and
WIIEREAS, pending the final adoption of said permanent.
ordinance and the methods to be utilized therein to assess fees
and surcharges to offset and mitigate the impact of new
construction and of new development on peak hour traffic, this
Council finds that a fee schedule should be imposed on all
interim development to assure that such interim cJevelopment bears
it.s full share of mitigat.ion costs; and
WIIEREAS, this Council finds that an interim fee schedule is
preferable to a full moratorium on building permits pending the
adoption of said permanent ordinance.
NOI'l, THEREFORE, the City Council of the City of Arroyo
Grande does hereby ordain as follows:
Section 1.
There is hereby imposed upon the issuance of all building
permits for new construction or redevelopment which will increase
peak hour traffic trips an interim fee schedule as follows:
a. $1,180.00 for each peak hour trip as determined by the
current Trip Ceneration Table issued by the Institute of
Traffic Engineers. This fee shall be applicable
city-wide.
b. In addition, a fee of $2,195.00 for each peak hour trip
in the map surcharge area dated January 3, 1989, Peak
flour Traffic Fee Surcharge Map prepared by the Office of
the City Engineer.
Section 2.
This ordinance shall remain in effect for a period of 90 days
after its adoption, or until the effective date of the permanent
fee and surcharge ordinance being considered by the City Council,
whichever is earlier.
--
.
Section 3.
The fees and surchatges collected herein shall be subject to
the accounting, separate fund, refund, and all other accounting
provisions adopted by the said permanent ordinance.
Section 4.
If the fee schedule imposed herein exceeds the comparable
fee schedules adopted by the said permanent ordinance, the City
shall promptly refund any such excess. All fees paid hereunder
shall be credited against any fees or surcharges imposed by the
permanent ordinance. If said permanent ordinance docs nol: become
final within 90 days of the adoption hereof, all fees collected
hereunder shall be refunded in full.
Section 5.
This ordinance is directly related to street improvements
and proceedings therefor.
Section 6.
This ordinance is an urgency ordinance wllich shall become
effective immediately upon its approval by at least a four-fifths
vote of the City Council. The ordinance is necessary for the
preservation of the public peace, health or safety in that the
peak hour traffic congestion is already at an intolerable level,
and new development will only make such congestion more dangerous
to the public unless expensive traffic improvements are provided,
and there is no feasible method of providing the ~ecessary funds
for such improvements other than by collecting the fees and
surcharges herein from those developments which will exncerbate
the present peak hour overload.
Section 7.
Within fifteen (15) days after its passage, this Ordin.:Jnce
shall be published once, together with the names of the Council-
members voting thereon, in a newspaper or general circulation
within the City, but failure to pu~lish for any reason shall not
affect the validity of the ordinance.
-2-
--.-~--- -..-..."-
----,----
~
.
On motion of Council Member Moots, seconded by Council Member
Olsen, and on the following roll call vote to wit:
AYES: Council Members Moots, Olsen, Smith, Dougall and Mayor
Millis
NOES: None
ABSENT: None
the foregoing Ordinance was passed and adopted at this reading on
the 24th day of January, 1989.
-~~ ~
~r ;) ~
, -MAYOR '"
ATTEST: ~f/;i a. fJnJH~J
C Y CLERK
APPROVED AS TO FORM:
>1J-.{:~>;>(. ,( )~;~-~
-CITY ATTORNEY
,
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. 402 C.S. is a true, full
and correct copy of said Ordinance passed and adopted at a regular meeting
of said Council on the 24th day of January, 1989.
WITNESS my hand and the Seal of the City of An'cyo Grande affixed
this 1st day of February, 1989.
27 ~L/__ C[. Qz~~
CITY CLERp