HomeMy WebLinkAboutResolution 100-88 RESOLUTION NO. 100-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO ESTABLISHING A DEVELOPMENT IMPACT FEE FOR
ALL DEVELOPMENTS WITHIN THE INCORPORATED AREA
OF THE CITY OF ATASCADERO PURSUANT
TO ORDINANCE NO. 119
WHEREAS, the City Council of the City of Atascadero has
adopted Ordinance 119 creating and establishing the
authority for imposing and charging a Development Fee; and
WHEREAS , Exhibits A and B are a study of the impacts of
planned future development on existing public facilities in
the incorporated area, along with an analysis of the need for
new public facilities and improvements required by new
development , and said study set forth the relationship
between new development , the needed facilities , and the
estimated costs of those improvements . The study , entitled
"Exhibit A, Development Fee Impact Study, and Exhibit B,
Development Fee Task Force Report to Council" was prepared by
Paul M. Sensibaugh, Director of Public Works/City Engineer ,
and is dated November , 1988 , and January 1986, respectively;
and
WHEREAS, this study was available for public inspection
and review fourteen (14) days prior to this public hearing;
and
WHEREAS, the City Council finds as follows :
A. The purpose of this fee is to finance facilities
shown in Exhibit A to reduce the impacts of runoff , traffic
and other impacts shown in the exhibits , caused by new
development , within the incorporated area.
B. The development fees collected pursuant to this
resolution shall be used to finance only the public
facilities described or identified in Exhibit "A'' , attached
hereto;
C. After considering the above study and analysis and
the testimony received at this public hearing, the Council
approves said study, and incorporates such herein, and
further finds that the new development in the incorporated
area will generate additional runoff, traffic , and other
impacts shown, in the exhibits within the impacted area and
will contribute to the degradation of public facilities and
services in that incorporated area .
D. There is a need in this described impact area for
the improvements shown in Exhibit A which have not been
constructed or have been constructed, but new development has
not contributed its fair share toward these facility costs
and said facilities have been called for in or are consistant
with the City' s General Plan;
E. The facts and evidence presented establish that
there is a reasonable relationship between the need for the
described public facilities and the impacts of the types of
development described in paragraph 2 below, for which the
corresponding fee is charged, and, also there is a reasonable
relationship between the fee' s use and the type of
development for which the fee is charged, as these reasonable
relationships or nexus are in more detail described in the
study referred to above;
F. The cost estimates set forth in Exhibit "A" are
reasonable cost estimates for constructing these facilities ,
and the fees expected to be generated by new development will
not exceed the total of these costs .
NOW, THEREFORE, it is hereby resolved by the City
Council of the City of Atascadero that :
1 . A development fee shall be charged prior to the
issuance of any building permit and shall be paid prior to
the issuance of a building permit or a certificate of
occupancy in the case that a building permit is not
applicable . The City Community Development Department shall
determine if the development lies within this benefit area ,
the type of development and the corresponding fee to be
charged in accordance with this resolution, including
proportionate fees for alterations or additions , if
applicable .
2 . Fee
SUMMARY OF FEES
* NOWRESIDENTIAL * MULTIPLE FAMILY * SINGLE FAMILY -t
WEVLANDUSE * (Sq.Ft.)"r
,�Jt�--17 CiDST� (Sq.Ft.) *UNIT COST* (Sq.Ft.) *UN"IT COSVX
# #
DRAINAGE $0.634 # $0. 172 # $0. 127 *
03452/00 01250/00 0173/cjs *
TRAFFIC 1 4 $0.439 0 : $0.010 # : $0.001 *
$38. 22/ADT# !B/ADT#
$46.69/ADT# $46.69/ADT# $46.69/ADT*
ROADS : $0.075 # N $0.055 # : $0.036 *
:$6.53/ADT* 06.53/00 :$6.53/ADT*
PARKS t $0.079 # $0.593 # $0.337
1 FOLICE $0.234 # $0.056 # $0.032
# #
FIRE # n WHO # n $0. 115 # $0.065
4 a #
*4'&G & EQUIP.v a $0.244 ## 0.
$0.244 # $ 244
A
I 0
*CCM.DEV/ENG $0.036 # $0.036 $0.036
#
# #
TOTALS $2.758 # $1.674 # $1. 138
x
Notes : (1) Totals do not include the Amapoa-Tecorida
Drainage Development Fee , if applicable .
(Ordinance 117 and Resolution 9-86)
(2) Credits for actual work done shall be
determined by the City Engineer .
(3) Calls for studies that may require additional
fees or improvements shall be made by the
Director of Community Development .
(4) Calls for using CFS or ADT in lieu of
sq. ft . shall be made by the City Engineer .
(5) The Developer of a mobile home park shall
pay a one-time fee of $575 .00 for each mobile
home space site . Mobile homes located outside
of mobile home parks shall pay the single
family fee unit cost .
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3 . Use of Fee . The fee shall be solely used to pay (1)
for the described public facilities to be constructed by the
City; (2) for reimbursing the City for the development' s fair
share of those capital improvements already constructed by
the City; or (3) to reimburse other developers who have
constructed public facilities described in Exhibit ''A''
attached hereto, where those facilities were beyond that
needed to mitigate the impacts of the other developer' s
project or projects .
4 . Fee Review. On or about June, 1990 and each
following year, the Public Works Department shall review the
estimated cost of the described capital improvements , the
continued need for those improvements and the reasonable
relationship between such need and the impacts of the various
types of development pending or anticipated and for which
this fee is charged. The Public Works Department shall
report its findings to the City Council at a noticed public
hearing and recommend any adjustment to this fee or other
action as may be needed.
5 . Judicial Action to Challenge this Resolution . Any
judicial action or proceeding to attack, review, set aside,
void or annul this resolution shall be brought within 120
days .
6 . Exhibits A and B are hereby adopted by reference and
are considered a part of this resolution .
7. Resolution 11-86 is hereby repealed. The previous
Lewis Avenue Bridge Fee (Refer to Exhibit B) for any permit
subject to such fee shall be pursuant to this resolution,
including the Lewis Avenue Bridge project as contained in
Exhibit A.
r y •
8, This Resolution shall become effective immediately
upon passage and shall apply to the issuance of any building
permit or certificate of occupancy for any residential
development issued on or after January 9, 1989 following
passage of this resolution and for all non-residential
developments immediately upon its passage.
PASSED AND ADOPTED this 8TH day of NOVEMBER
1988,
AYES : COUNCILMEMBERS LILLEY, DEXTER, SHIERS, MACKEY AND MAYOR BORGESON
NOES : NONE
ABSENT.. NONE
ATTEST: CITY OF ATASCADERO
'A� Zzi�BOY :-SH ITZ, Ci " Clerk ON TA BORGE ON, yor
APPROVED AS O FORM: APPROVED AS TO CONTENT:
WEFVYG. JO ENSEN PAUL M. SENSIBAUGH
e Director of Public Works
` City Engineer