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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