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294 — ORDINANCE NO.294 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA AMENDING CHAPTER 4.104 OF TITLE 4 OF THE GRAND TERRACE MUNICIPAL CODE TO CLARIFY AND TO REDUCE THE OVERALL FEES FOR THE CIRCULATION IMPROVEMENT FEE PROGRAM WHEREAS, Grand Terrace is continuing to experience and encourage new development of its vacant parcels as well as additions to and some replacement and remodeling of existing buildings; and WHEREAS, growth continues to drive the demand for municipal services which in turn generate the need for expansion of the City's public facilities in order to provide these services; and WHEREAS, the City of Grand Terrace master facilities plan indicates that in order to accommodate future growth capital projects are needed including street and traffic signal improvements; and WHEREAS, the City of Grand Terrace, in cooperation with San Bernardino Associated Governments (SANBAG), has conducted an extensive analysis in accordance with Chapter 5, Section 66000 of the California Government Code of .potential new development, identified anticipated capital improvements needed to accommodate future growth, estimated the cost of these improvements, and identified a potential beneficiaries of these improvements; and WHEREAS, the City of Grand Terrace updated its Arterial Improvement Fees by adopting Ordinance No. 242 on January 13, 2008 to be eligible for supplemental funding for arterial infrastructure that will become available under San Bernardino County's Measure I Program starting in 2010; and WHEREAS, on January 27, 2009, the City of Grand Terrace adopted Ordinance No. 244 to add an Operational Improvement Fee, which was incorporated into the Arterial Improvement Fees due to additional infrastructure improvements identified; and WHEREAS, on February 23, 2010, the City of Grand Terrace adopted Ordinance No. 248 to temporarily suspend the Operational Improvement Fee that had been incorporated into the Arterial Improvement for a period of 24 months; and WHEREAS, in this ordinance the Operational Improvement Fee will be separated and shown separately from the Arterial Improvement Fee; and WHEREAS, previously projected infrastructure projects, project costs, and funding sources may have changed and the City of Grand Terrace desires to reevaluate previous studies made in accordance with Chapter 5, Section 66000 of the California Government Code; and ORDINANCE NO. 294 PAGE 1 OF 9 FEBRUARY 23, 2016 WHEREAS, the City of Grand Terrace Circulation Fee Program Update, which re- evaluated program costs for traffic signal, arterial, and operational improvements was completed in October, 2015; and WHEREAS, all requirements of California Government Code Section 6600 et. seq. are hereby found to have been complied with; and WHEREAS, the adoption of a this new Chapter 4.104 will reduce the circulation impact fees by approximately 13 to 14% lower than the existing impact fees, due to the fact that the City is using the fair share cost component factor included in the SANBAG Development Mitigation Nexus Study for consistency purposes. WHEREAS, a public meeting was conducted by the City Council on February 9, 2016, on the proposed ordinance updated the Circulation Improvement Fee Program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAINED AS FOLLOWS: SECTION 1. The City Council finds that all the facts, findings, and conclusions set forth above in this Ordinance are true and correct. SECTION 2. The City Council hereby amends Chapter 4.104 Traffic Signal Improvement Fee and Circulation Improvement Fee of Title 4 of the Grand Terrace Municipal Code, as follows: "Chapter 4.104—CIRCULATION IMPROVEMENT FEE PROGRAM Sections: 4.104.010 -Purpose. 4.104.020 -Definitions. 4.104.030 - Traffic signal improvement fee. 4.104.040—Arterial improvement fee. 4.104.050—Operational improvement fee. 4.104.060 -Use of traffic signal improvement fees. 4.104.070 -Use of arterial improvement fees. 4.104.080 -Use of operational improvement fees. 4.104.090 - Capital improvement program. 4.104.100 - Fee waivers or fee reduction. 4.104.120 - Fee adjustments. Section 4.104.010 - Purpose. A. The city council has found and determined that new development in the city increases the amount of traffic utilizing the city street system, thereby requiring the installation of additional traffic signals, arterial street improvements, and operational at specified locations to increase or improve transportation capacity in order to protect the public health, safety and welfare and that such new development should pay its fair share of such improvements. ORDINANCE NO. 294 PAGE 2 OF 9 FEBRUARY 23, 2016 B. The purposes of this chapter are l 1. To provide for the imposition of fees for each new single family residential dwelling unit, multiple family residential dwelling unit, retail commercial area, industrial/warehouse acreage, and office professional area; such fees to be placed in a specially designated fund to be utilized for the purchase and installation of traffic signals at specified locations; and 2. To provide for the imposition of fees for each new single family residential dwelling unit, multiple family residential dwelling unit, retail commercial area, industrial/warehouse acreage, and office professional area; such fees to be placed in a specially designated fund to be utilized for the improvements to streets as designated by the city council in order to increase or improve the carrying capacity of such streets to solve current and proposed traffic congestion; and To provide for the imposition of fees for each new single family residential dwelling unit, multiple family residential dwelling unit, retail commercial area, industrial/warehouse acreage, and office professional area; such fees to be placed in a specially designated fund to be utilized for operational improvements to streets improve the carrying capacity of such streets to solve current and proposed traffic congestion. Section 4.104.020 -Definitions. For the purpose of this chapter, the following words, terms, and phrases shall have the meaning given in this section: "Single-family dwelling unit" means a building designed for or used for residential occupancy by not more than one family or household and having one kitchen for one family or household. "Multiple-family dwelling" means a building containing two or more dwelling units. Each dwelling unit designed or used for occupancy by a single family or household with independent kitchen facilities. "Low density residential unit" means a dwelling unit within a residential development having a density less than 3.6 dwelling units per acre. "Medium density residential unit" means a dwelling unit within a residential development with a density greater than or equal to 3.6 dwelling units per acre. "Retail commercial area" means a retail commercial development measured per one thousand square feet of gross leasable area. "Industrial/warehouse acreage" means an industrial/warehouse development measured per acre. "Office professional area" means an office professional development measured per one �1 thousand feet of gross floor area. ORDINANCE NO. 294 PAGE 3 OF 9 FEBRUARY 23, 2016 Section 4.104.030 - Traffic signal improvement fee. A. A traffic signal improvement fee is imposed on the construction of all new single family residential dwelling units, multiple family residential dwelling units, retail commercial areas, industrial/warehouse acreage, and office professional areas in accordance with the schedule of fees that may be established by the city council by resolution. No fee shall be assessed on any city, county, state or federal government use. B. Fees required by this chapter shall be paid upon application to the city for a building permit for any construction which adds a low single family, residential dwelling unit, multiple family residential dwelling unit, retail commercial area, industrial/warehouse acreage, or office professional area to any parcel of real property within the city. No building permit shall be issued until the fee is paid. Computation of the amount required shall be made by the building official or a designated representative. Section 4.104.040 -Arterial improvement fee. A. Arterial improvement fees are imposed on the construction of all new single family residential dwelling units, multiple family residential dwelling units, retail commercial areas, industrial/warehouse acreage, and office professional areas in accordance with the schedule of fees that may be established by the city council by resolution. No fee shall be assessed on any city, county, state or federal government use. B. Fees required by this chapter shall be paid upon application to the city for a building permit for any construction or major remodel which adds a single family residential dwelling unit, multiple family residential dwelling unit„ retail commercial area, industrial/warehouse acreage or office professional area to any parcel of real property within the city. No uilding permit shall be issued until the fee is paid. Computation of the amount required shall be made by the building official or a designated representative. Section 4.104.050 - Operational improvement fee. A. Operational improvement fees are imposed on the construction of all new single family residential dwelling units, multiple family residential dwelling units, retail commercial areas, industrial/warehouse acreage, and office professional areas in accordance with the schedule of fees that may be established by the city council by resolution. No fee shall be assessed on any city, county, state or federal government use. B. Fees required by this chapter shall be paid upon application to the city for a building permit for any construction or major remodel which adds a single family residential dwelling unit, multiple family residential dwelling unit, retail commercial area, industrial/warehouse acreage or office professional area to any parcel of real property within the city. No building permit shall be issued until the fee is paid. Computation of the amount required shall be made by the building official or a designated representative. Section 4.104.060 -Use of traffic signal improvement fees. A special traffic signal improvement fee account is established and all fees collected shall be deposited therein. ORDINANCE NO. 294 PAGE 4 OF 9 FEBRUARY 23, 2016 Traffic Signal Improvement Fees Single Family Dwelling Unit and Multiple Family Dwelling Unit(per unit) 1 Detached dwelling unit $238.53 2 Attached dwelling unit 145.57 Retail 1 Retail (TSF-GLA) (per thousand square feet of gross 534.93 leasable area) Industrial/warehouse I Industrial/warehouse (TSF-GFA) (per thousand square feet 174.63 of gross floor area) Office 1 Office (TSF-GLA) (per thousand square feet of gross 276.36 leasable area) All revenues raised by the imposition of this fee shall be applied to the design and construction of traffic signals and supporting infrastructure at the locations identified on Table A at the end of this Chapter. Section 4.104.070 -Use of arterial improvement fees. A. special arterial improvement fee account is established and all fees collected shall be deposited therein. Arterial Improvement Fees Single Family Dwelling Unit and Multiple Family Dwelling Unit(per unit) 1 Detached dwelling unit $4,063.36 2 Attached dwelling unit 2,479.85 Retail Retail (TSF-GLA) (per thousand square feet of gross 1 leasable area) 9,112.69 Industrial/warehouse 1 Industrial/warehouse (TSF-GFA) (per thousand square feet 2 974.96 of gross floor area) ' Office 1 Office (TSF-GLA) (per thousand square feet of gross 4707.86 leasable area) ' All revenues raised by the imposition of this fee shall be applied to the design and construction of circulation improvements in conformance with the City's General Plan at the locations identified on Table B at the end of this Chapter. Section 4.104.080 Operational improvement fees. A special operational improvement fee account is established and all fees collected shall be deposited therein. ORDINANCE NO. 294 PAGE 5 OF 9 FEBRUARY 23, 2016 Operational Improvement Fees Single Family Dwelling Unit and Multiple Family Dwelling Unit(per unit) 1 Detached dwelling unit $174.03 2 Attached dwelling unit 106.21 Retail 1 Retail (TSF-GLA) (per thousand square feet of gross 390.30 leasable area) Industrial/warehouse 1 Industrial/warehouse (TSF-GFA) (per thousand square feet 127.42 of gross floor area) Office 1 Office (TSF-GLA) (per thousand square feet of gross 201.64 leasable area) All revenues raised by the imposition of this fee shall be applied to the design and construction of operational improvements in conformance with the City's General Plan at the locations identified on Table C at the end of this Chapter. Section 4.104.090 - Capital improvement program. Within one hundred eighty days of enactment of the ordinance codified in this chapter,* the city shall adopt a five year capital improvement program that prioritizes the improvements to be funded by these fees. The city shall endeavor to review and update the capital improvement program annually. Section 4.104.100 - Fee waivers or fee reduction. The city council retains the right to waive or reduce fees for any new development. Fee waivers are strongly discouraged. In order to waive fees, the city council shall make a finding that the waiver or reduction is in the short and long term economic interest of the city. Section 4.104.110 -Fee adjustments. From time to time the city shall review the fee schedules and make adjustments, as appropriate, in consideration of changes in construction and right-of-way costs. Table A Traffic Signal Program Cost Estimates City Responsibility Cost Status 1 Barton Grand Terrace 1.00 $250,000 Future 2 Barton Palm 1.00 $250,000 Future 3 Barton @ Honey Hill 1.00 0 Complete 4 Michigan @ Commerce Way 1.00 $250,000 Future 5 Mt. Vernon @ Canal 1.00 $250,000 Future 6 Mt. Vernon @ Van Buren 1.00 $250,000 Future 7 Mt. Vernon @ Pico 1.00 $250,000 Future 8 Main Mt Vernon 0.50 $125,000 Future 9 Main @ Michigan 0.50 0 Complete Sub-total $1,625,000 ORDINANCE NO. 294 PAGE 6 OF 9 FEBRUARY 23, 2016 "25%Design& contingencies $406,250 Grand total $2,031,250 Local growth comp. adjustment: 0.4 $812,500 Table B: Grand Terrace Measure I Major Arterial Improvement Program- 2015 Project Limits Length Improvement 2015 Cost Estimate (x 1000) From To Local share 1 Widen 1215 Overcrossing 435 ft. +2 lanes $6,353 0.40 $2,541 Barton Rd. 2 Widen Honey Hill N. E. City 1800 ft. +2 lanes $2,956 0.40 $1,182 Barton Rd. Dr. limt 3 Widen SFRR I 215 N. 1100 ft. +2 lanes $1,834 0.40 $734 Barton Rd. B.on/off ramp 4 Extend Michigan Barton 600 ft. +4 lanes $2,306 0.40 $922 Commerce St. Rd. Wy 5 Extend 900 ft. n/o Main St. 3500 ft. +4lanes $13,452 0.40 $5,381 Commerce DeBerry Wy Rd. 6 Widen SFRR SPRR 100 ft. + 1 lane $73 0.40 $29 Main St. w/b 7 Widen Commerce Van 4750 ft. +2 lanes $4,890 0.40 $1,956 Michigan Wy. Buren St. 8 Widen Mt. Canal St. N. City 1700 ft. +2lanes $2,739 0.40 $1,096 Vernon limit Av. Total _$345603. $13,841 Table C: 2015 Operational Improvement Program Location Est. Cost: Local growth : .Cost component:-, =chargeable: r Barton Rd. Vivienda to Mt. $5045067 0.40 $201,627 Vernon Mt. Vernon @ Pico $7765686 0.40 $3105674 Barton Rd. @ Mt. Vernon $201,300 0.40 $80,520 $1,482,053 $592,821 r ORDINANCE NO. 294 PAGE 7 OF 9 FEBRUARY 23, 2016 SECTION 3. ENVIRONMENTAL DETERMINATION. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that the City Council hereby finds that it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment. SECTION 4. INCONSISTENCIES. Any provision of the Grand Terrace Municipal Code or appendices thereto that are inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effect the provisions of this Ordinance. SECTION 5. SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this ordinance which can be implemented without the invalid provision, clause or application; and to this end, the provisions of this ordinance are declared to be severable. SECTION 6. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in a newspaper of general circulation within the City of Grand Terrace, pursuant to all,legal requirements. This ordinance shall become effective thirty(30) days from and after its adoption. Dar cN ,oe `,Mayor ATTEST: Pat City Cle " ORDINANCE NO. 294 PAGE 8 OF 9 FEBRUARY 23, 2016 I, Pat Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that the J foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 23rd day of February, 2016,by the following vote: AYES: Council Members Hussey, Wilson, Mitchell, Mayor Pro Tern Robles, Mayor McNaboe NOES: None ABSENT: None ABSTAIN: None Pat J cqu - City Cler Approved as to form: City Attorney ORDINANCE NO. 294 PAGE 9 OF 9 FEBRUARY 23, 2016