HomeMy WebLinkAboutResolution 2003-034 RESOLUTION NO. 2003-034
A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
ESTABLISHING A SYSTEM FOR CREDITS TO DEVELOPMENT
IMPACT FEES
THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY RESOLVES AS
FOLLOWS:
SECTION ONE:
Development Impact Fee Credits
(a) Any applicant subject to a development impact fee, imposed pursuant to the Atascadero
Municipal Code, who dedicates real property or interests therein, to the City, for the
construction of capital improvements or who constructs, deposits money with the City for
the construction of, participates in an improvement district for the construction of, or who
otherwise contributes funds for capital improvements, may be eligible for a credit for such
dedication, construction or contribution against the development impact fee otherwise due.
(b) Eligibility for, and the amount of, the credit shall be determined by the City Engineer,
based on adopted City standards and procedures including, but not limited to, whether the
dedication, construction or contribution meets capital improvement needs for which the
particular development impact fee has been imposed, as provided in the Atascadero
Municipal Code and the Capital Improvement Plan, applicable master plan, whether the
dedication, construction or contribution will substitute for or otherwise reduce the need for,
or cost of, capital improvements anticipated to be provided with growth mitigation fee
funds; the value of the dedication, construction or contribution. The maximum credit shall
be based upon the value of the improvement as established in the development impact
capital improvement list. The amount of the credit shall be based on the actual construction
cost of the improvement. In no event, however, shall the credit exceed the amount of the
otherwise applicable growth mitigation fee.
(c) The City Council may consider granting credits or fee reductions for traffic fees only for
industrial or commercial uses, which cause little or no impact on traffic congestion. The
City Council may also consider granting credits or fee reductions for residential uses, which
reduce vehicle trips by their design.
(d) Nothing in this resolution shall be construed to authorize credits for the cost of
improvements that benefit the development on a single parcel.
SECTION TWO:
Severability
City of Atascadero
Resolution No.2003-034
Page 2 of 2
If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any
reason deemed or held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portion
of this ordinance. The City Council of the City of Atascadero hereby declares that it would
have adopted this resolution and each section, subsection, sentence, clause, phrase or
portion thereof, irrespective of the fact any one or more sections, subsections, sentences,
clauses, phrases or other portions might subsequently be declared invalid or
unconstitutional.
The foregoing Resolution was approved and adopted at a meeting of the City Council held
on, June 24, 2003, by the following vote:
AYES: Council Members Luna, O'Malley, Pacas, Scalise and Mayor Clay
NOES: None
ABSTAIN: None
ABSENT: None
CITY OF ATASCADERO
ATTEST:
Marcia McClure Torgerson, City erk y L. Ck Sr., Mayor
t
APPROVED AS TO FORM:
Roy Hanley, City Attorney