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O 525 C.S. ORDINANCE NO. 525 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONSOLIDATING PROVISIONS OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING DEVELOPMENT IMPACT FEES WHEREAS, the City of Arroyo Grande has analyzed the impacts of development on certain capital facilities; and, WHEREAS, the City wishes to maintain an acceptable level of service for the present and future residents and businesses of the City of Arroyo Grande; and WHEREAS, a reasonable nexus and relationship exists between new development and the public facilities 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 Sections 66000, et seq.; and, WHEREAS, the proposed ordinance promotes the public health, safety, and general welfare. THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: The following portions of the Arroyo Grande Municipal Code are hereby repealed. A. Article 3, Chapter 2, Title 3. B. Article 5, Chapter 2, Title 3. C. Section 6-7.22(a)(2). SECTION 2: Article 6, Chapter 2, Title 3 of the Arroyo Grande Municipal Code is hereby amended as shown in Exhibit "A" attached hereto and incorporated herein by this reference as though set forth in full. ORDINANCE NO. 525 C.S. PAGE 2 SEcTION 3: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unlawful or unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that anyone or more section, subsection, subdivision, parag~ph, sentence, clause or phrases be declared unlawful or unconstitutional. SECTION 4: A summary of this Ordinance shall be published in a newspaper pUblished and circulated in the City of Arroyo Grande at least five (5) <;fays prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the Director of Administrative Services/Deputy City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the Director of Administrative Services/Deputy City Clerk shall post a certified Copy of the fun text of such adopted Ordinance. SECTION 5: This ordinance shall take effect sixty (60) days after its final passage. On motion of Council Member Ferrara, seconded by Council Member Lubin, and on the following roll call vote to wit: AYES: Council Members Ferrara, Lubin, Runels, Dickens, and Mayor Lady NOES: None ABSENT: None the foregoing Ordinance was adopted this 27th day of March, 2001. -~--,,-_. ORDINANCE NO. 525 C.S. PAGE 3 -=;t;~ MICHAELA. LADY, MAn~ ATTEST: eM! ~ ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK - APPROVED AS TO CONTENT: ~:d E E ADAMS, CITY MANAGER APPROVED AS TO FORM: ~~~NEY ----"- _._-~.~---- ORDINANCE NO. 525 C.S. PAGE 4 EXHIBIT "A" Article 6. Development Impact Fees Section 3-2.601 Purpose The Council declares that the fees required to be paid hereby are established for the purpose of protecting the public health, safety and general welfare, and implementing the policies of the General Plan, by providing adequate public facilities to support orderly development. Section 3-2.602 Definitions Unless otherwise required by the context, the following definitions shall govern the construction of the article: (a) "Commercial development" means the development or use of land for any retail, office, service commercial or other business purpose. (b) "Council" means the City Council of the City of Arroyo Grande. (c) "Development" or "development project" means any project undertaken for the purpose of development, and includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate. (d) "Dwelling Unit" means a structure, or portion of a structure that is used for separate residential occupancy by an individual, a family or group of unrelated individuals. (e) "Impact fee" means a monetary exaction charged to the applicant in connection with approval of a development project for the purpose of defraying all or a part of the cost of the public facilities related to the development project. This definition does not include fees specified in Government Code Section 66477, or fees for processing applications for permits or approvals. ___n.....J ORDINANCE NO. 525 C.S. PAGE 5 (f) "Imposition of Fees" occurs when they are imposed or levied on a specific development. (g) "Multi-family residential development" means development or use of land for residential purposes involving more than one dwelling unit in a single structure. (h) "Public facilities" means public improvements, public services or community amenities. (i) "Single family residential" means development or use of land for residential purposes involving no more than one dwelling unit in a single structure. Section 3-2.603 Fees - ImDosition and ADDlication This article establishes development impact fees which are imposed as a condition of approval upon all development projects for which a building permit is issued on or after the effective date of this ordinance. Those impact fees are hereby established for the following public facilities: (a)Fire protection fees (b )Police facilities fees (c)Community center fees (d)Park improvement fees (e) Water facilities fees (f) Traffic signalization fees (g) Transportation facilities fees These impact fees are established in order to pay for the capital costs of public facilities reasonably related to the needs of new development in the City. At least once every five years, the Council shall review the basis for the impact fees to determine whether the fees are still reasonably related to the needs of new development. In establishing these fees, the Council has considered the effect of the fees with respect to the City's housing needs as established in the housing element of the General Plan. - ORDINANCE NO. 525 C.S. PAGE 6 Section 3-2.604 Fees to be Set bv Resolution The amount of fee assessments shall be determined by resolution adopted by the City Council. Fees shall be adjusted annually by modifying the adopted value up or down in conformance with the Engineering News Record Construction Cost Index. The factor for the adjustment of the fees shall be calculated and established each January by the Director of Financial Services, utilizing the following formula: Factor = 1 + Current Index - Base Index for Date of AdoDtion Base Index for Date of Adoption Section 3-2.605 Payment of Fees Except as otherwise provided in Section 66007 of the Government Code, impact fees shall be paid to the City at the time a building permit is issued. In cases where payment of all or part of the required fee is deferred at the time of building permit issuance, the Community Development Director may require that the applicant, at the applicant's expense, execute a contract with the City to pay all deferred impact fees prior to final inspection and/or issuance of a certificate of occupancy for the project. The contract shall specify the amount of the unpaid fee and a legal description of the property affected. It shall be recorded in the office of the County recorder, and shall constitute a lien for the payment of the fees, which shall be enforceable against the successors in interest of the property owner. When impact fees are paid in full, the City, at the expense of the applicant or property owner, shall execute a release of any lien securing those impact fees. Section 3-2.606 Protests Any party subject to the fees established by this chapter may protest the imposition of those fees by meeting all of the following. requirements: (a) Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition of the fee. ORDINANCE NO. 525 C.S. PAGE 7 (b) Serving written notice of protest on the City Council which notice shall contain all of the following information: 1. A statement that the required payment is tendered, or will be tendered when due, under protest. 2. A statement informing the City Council of the factual elements of the dispute and the legal theory forming the basis for the protest. (c) Serving the written notice of protest no later than ninety (90) days after the date of the imposition of the fees. The City Council shall consider that protest at a hearing to be held within sixty (60) days after serving the written notice of protest. The decision of the City Council shall be final. Section 3-2.607 ExemDtions The fees imposed under this article shall not apply to the following: (a) The United States or to any agency or instrumentality thereof, the State of California or any County or other political subdivision of the State of California. (b) Remodeling or alteration of an existing residential building, but only if the number of dwelling units is not increased or the use changed. (c) That portion of a structure that existed before the addition of dwelling units or the enlargement of floor area in a non-residential structure. If a structure is destroyed or demolished, and replaced within two years from the date of demolition, the impact fees shall be based on the service requirements of the new development less the service requirements of the development which it replaced. -- ORDINANCE NO. 525 C.S. PAGE 8 Section 3-2.608 Credits and Reimbursement If the applicant for approval of any development project is required by the City, as a condition of approval to construct facilities, the cost of which has been used in the calculation of impact fees which apply to that project, the applicant shall receive a credit against those impact fees, up to the amount charged for the same type of facility. If the cost of the improvements constructed by the applicant exceeds the amount of the impact fees charged to the development project for the same type of facility, the excess cost shall be reimbursed to .the applicant from other impact fee revenues within a reasonable time. To qualify for reimbursement, the applicant must enter into a reimbursement agreement with the City, and any such agreement must specify the amount to be reimbursed and the approximate schedule of the reimbursement. Section 3-2.609 DisDosition and Use of the Fees The Director of Financial Services shall establish a separate fund or account for each type of facility listed in Section 3-2.603. All impact fees collected by the City shall be deposited in the fund or account established for the specific type of facility for which the fee is collected. Any interest earned on funds deposited in a fund or account shall be deposited in that fund or account. Funds deposited in those accounts shall be used only to pay for design and construction, including construction administration, of projects identified in resolutions or other formal City Council action adopted pursuant to Section 3-2.603 as the basis for the impact fees, or for reimbursements as provided in Section 3-2.608. Section 3-2.610 Refunds If impact fees collected by the City have not been expended or designated for the intended purpose within five (5) years following their collection, the City shall either refund those fees as provided in Section 66001 of the Government Code, or make findings as required by that Section to retain the fees. The refund provision of this chapter shall apply only to monies in possession of the City and need not be made with respect to any bonds, letters of credit or other items given to secure payment at a future date. - --------------- OFFICIAL CERTIFICATION I, KELLY WETMORE, Director of Administrative Services/Deputy 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 attached Ordinance No. 525 C.S. is a true, full, and correct copy of said Ordinance passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 27th day of March, 2001. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 30th day of March, 2001. .{tOf\Sl-- MORE, DIRECTOR OF ADMINISTRATIVE SERVICES! DEPUTY CITY CLERK -