HomeMy WebLinkAboutResolution 2012-055 RESOLUTION NO. 2012-055
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA,
APPROVING C®NINUED COLLECTION OF SPECIAL, FAIR SHARE
TRAFFIC MITIGATION FEES
DOVE CREEK AREA SPECIFIC PLAN
LAS LOMAS (WOODLANDS) SPECIFIC PLAN AREA
WHEREAS,pursuant to Government Code Sections 66000 through 66008:
The City of Atascadero approved special fair share traffic mitigation fees for two projects
based on common traffic analysis reports and concurrent environmental determinations and
mitigation measure development("Projects"),namely;
(1) Dove Creek Development, pursuant to Conditional Use Permit 2003-0099, and
Tentative Tract Map 2003-0033; and ,
(2) Las Lomas Development (formerly Woodlands), pursuant to Specific Plan. 2003-
0001, and Tentative Tract Map 2003-0027; and,
WHEREAS, the approval of the projects was based on detailed traffic analyses of the
projects impacts on City streets and interchanges, and required mitigation measures to minimize
environmental impacts, maximize community compatibility (General Plan Table Il-S), and to
promote orderly and harmonious development; and,
WHEREAS, the determination of the special fair share traffic mitigation fee was made
by the City Council and approved by the original developers of the projects; and,
WHEREAS, since the time of the approved environmental determination and tentative
maps the projects have been partially developed and have paid the required mitigation fees as
building permits have been applied for and issued; and,
WHEREAS, the fees and mitigation measures were originally made in accordance with
laws and regulations relating to the preparation and public notice of environmental documents,as
set forth in the State and local guidelines for implementation of the California Environmental
Quality Act(CEQA); and,
WHEREAS, traffic has continued. to increase at the Santa Barbara Road and Highway
101 interchange, Viejo Camino and El Camino Real intersection, and the San Diego Road and El
Camino Real intersection; and,
City of Atascadero
Resolution No.2012-055
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WHEREAS, a timely and properly noticed Public Hearing upon the subject of by the
City Council of the City of Atascadero at which hearing evidence, oral and documentary, was
admitted on behalf of said fees; and,
WHEREAS, the Atascadero City Council, at a Public Hearing held on November 13,
2012, studied and considered continued collection of Special Fair Share Traffic Mitigation Fees
for the Dove Creek and Las Lomas projects, and,
NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council makes the
following findings, determinations and recommendations with respect to the continued collection
of Special Fair Share Traffic Mitigation Fees:
SECTION 1. Findings for approval of continued collection of Special Fair Share
Traffic Mitigation Fees:
The Atascadero City Council finds as follows:
The proposed continued collection of Special Traffic Mitigation Fees is consistent with the
following findings pursuant to Government Code Section 66001(d)(1)(A)to (D):
1. Pursuant to Government Code Section 66001(d)(1)(A), the Council finds that the
purpose to which the fee is to be put is to fiYlly mitigate the traffic impacts related to the
development of the projects on the following intersections and/or interchanges:
a. Modern roundabout at the northbound on-ramp at the Santa Barbara Road and
Highway 101. interchange; and,
b. Traffic signal installation and related improvements at the intersection of
Viejo Camino and El Camino Real; and,
c. Traffic signal installation and related improvements at the intersection of San
Diego Road and El Camino Real; and,
2. Pursuant to Government Code Section 66001(d)(1)(B), there is a reasonable
relationship between the fee and the purpose for which it charged based upon the
improvements specified in the project traffic impact studies and the corresponding engineer's
estimates of design and construction costs for the proposed traffic mitigations as specified in
the mitigated negative declarations for each project, and,
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Resolution No. 2012-055
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3. Pursuant to Government Code Section 66001(d)(1)(C), the sources and amounts
of funding anticipated to complete financing in incomplete improvements identified are:
a. Santa Barbara Road Northbound On-ramp Roundabout — $1,395,000
(Dove Creek 34.0%, Las Lomas 21.6%)
b. Viejo Camino at El Camino Real Intersection = $ 166,148
(Dove Creek 33.4%, Las Lomas 18.4%)
c. San Diego Road at El Camino Real Intersection = $ 227,475
(Dove Creek 31.4%)
4. Pursuant to Government Code Section 66001(d)(1)(D), the approximate date on
which the funding referred to in Finding No. 3 above is expected to be deposited into the
appropriate account or fund is within ten years (November 2022) to complete the necessary
improvements to the project sites; and,
5. The fees proposed represent the fair share of the required traffic mitigation for the
two developments, and the City continues to collect the balance of the other requiredfunds
through its Development Impact Fees from all development within the City in order to pay
the City's share of this and other projects; and,
6. A duly noticed public hearing has been held to receive and consider public
testimony regarding the proposed continued collection of Special Fair Share Traffic
Mitigation Fees; and,
7. The proposed fees are in the public interest and protect the health, safety and
welfare of public by ensuring the orderly development of the City.
8. The proposed fees are in conformance with the adopted General Plan Goals,
Policies, and Programs and the overall intent of the General Plan.
As described below, the proposed fees are in conformance with the environmental
determinations for the Projects, mitigation measures, and the adopted General Plan Goals,
Policies and Programs and the overall intent of the General Plan.
SECTION 2. Approval. The Atascadero City Council, in a regular session assembled
on November 13, 2012 approved the continued collection of Fair Share Traffic Mitigation Fees
consistent with the following:
1. Dove Creek Development, Tentative Tract Map 2003-0033
-0027
2. Las Lomas Development(fonnerly Woodlands), Tentative Tract Map 2003
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Resolution No. 2012-055
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On motion by Council Member O'Malley and seconded by Council Member Clay, the foregoing
Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members Clay,Fonzi, O'Malley, Sturtevant and Mayor Kelley
NOES: None
ABSENT: None
ADOPTED: November 13,2012
CITY OF ATASCADERO
Bob Kelley,Mayor f
ATTEST:
A&,;, 1
Marcia McClure Torgerson,C.M.C., C' Clerk
APPROVED AS TQ F
Brian.A. Pierik, City Attorney